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Friday, August 22, 2003
Is it that time of year once again? Indeed it is. Just like last year, when I ceased blogging for the last week of August, this year no new updates will appear here until Monday, September 1, 2003. At that time, I'll try to recap any events of significance that occurred while I was away. In the interim, you may happen to find me here, here, here, here, here, here, here, and/or here.
Something to look forward to -- on Tuesday, September 2, 2003, I will be posting online the September 2003 installment of "20 questions for the appellate judge." September's interviewee will be Judge William Curtis Bryson of the U.S. Court of Appeals for the Federal Circuit. Posted at 23:50 by Howard Bashman "Judge Suspended for Defying Court on Ten Commandments": Saturday's edition of The New York Times will contain this report. Posted at 23:46 by Howard Bashman The Supreme Court of California is ready to rule in DVD trade secret/free speech case: The Supreme Court of California has announced that on Monday, August 25, 2003 it will issue its decision in DVD Copy Control Assoc. v. Bunner. The case presents the question "Does a preliminary injunction under the Uniform Trade Secrets Act (Civ. Code, sec. 3426 et seq.) barring the posting of DVD deencryption software on the Internet violate the First Amendment to the federal Constitution as a prior restraint on protected speech?" The decision will be made available for download here at 1 p.m. eastern, 10 a.m. pacific time on Monday. This case has already received plenty of media coverage. The Recorder provided an article about the oral argument headlined "California High Court Hears Clash of Speech, Trade Secrets Law." SecurityFocus reported here that "California Supremes Hear DeCSS Case." The Electronic Frontier Foundation issued press releases entitled "California Supreme Court Hears DVD Trade Secret Case; Civil Liberties Groups Seek Internet Publication Protection" and "California Supreme Court to Hear DVD Case." Finally, you can access here the ruling that the California Supreme Court is reviewing. The decision struck down a preliminary injunction that prohibited the posting of the information. The Court of Appeal reasoned that Bunner's free speech rights took precedence. Posted at 23:08 by Howard Bashman "Harvard Radical": Lawrence Summers is the subject of the cover story in this Sunday's edition of The New York Times Magazine. Posted at 23:04 by Howard Bashman "Georgia courthouse keeps commandments": Saturday's edition of The Augusta Chronicle will contain this article. Posted at 23:00 by Howard Bashman On your way out of town, please be sure to take advantage of the world-renowned bridges: Today's edition of The St. Louis Post-Dispatch reports here that "Lawyers hoping to capitalize on Madison County's reputation as a 'plaintiff's paradise' will be looking closely at a ruling issued Thursday by the Illinois Supreme Court." You can access yesterday's ruling of the Supreme Court of Illinois at this link. Update: A reader emails to note that the Madison County with the famous bridges is in Iowa, not Illinois. One lesson of successful blogging is that you can't let the facts get in the way of a clever remark. Posted at 22:47 by Howard Bashman "High court says attorney client privilege not absolute": The Associated Press has this report from North Carolina. And News 14 Carolina reports here that "The State Supreme Court wants a Raleigh lawyer to talk." You can access today's decision of the Supreme Court of North Carolina at this link. Posted at 22:41 by Howard Bashman Available online at law.com: Tony Mauro has an article headlined "A Peek Into Justice White's FBI File." Jason Hoppin reports that "Doctors Can't Rat on Patients." Shannon P. Duffy reports that "3rd Circuit Rules District Courts May Consider Torture Claims." In other news, "Secret Energy Settlement Gets California High Court's OK." And an article reports that "Federal Circuit Hands Palm a Setback." Posted at 22:35 by Howard Bashman Latest news from Alabama: Saturday's edition of The Washington Post will contain an article headlined "Ala. Judge Relents on Monument; Commission Suspends Chief Justice for Defying Federal Order." The Montgomery Advertiser reports here that "Moore barred from performing duties" and here that "Protesters bring cash to the city." Finally for now, you can access here the complaint that the Judicial Inquiry Commission of the State of Alabama brought against Chief Justice Roy S. Moore of the Supreme Court of Alabama. Posted at 22:19 by Howard Bashman Reuters is reporting: You can access here an article entitled "Ten Commandments Judge Suspended in Alabama" and here an article entitled "Fox Loses Bid to Stop Sale of Franken Book." Posted at 22:12 by Howard Bashman "Pipes to Be Named to Think Tank; Controversial Mideast Scholar Will Be Recess Appointment": This article appeared in today's edition of The Washington Post. And today the White House did make that and other recess appointments (see the official announcement here), although no recess appointments were made today to the federal judiciary. Posted at 22:09 by Howard Bashman "Lobbying fierce on concealed-weapons veto vote": This article appears in today's issue of The Kansas City Star. Posted at 19:49 by Howard Bashman "Judge suspended over Ten Commandments": CNN.com provides this report. And today's edition of The Kansas City Star contains an editorial entitled "Thou shalt not display in court." Posted at 19:43 by Howard Bashman You know they're criminals because they have aliases: I must admit that it never ceases to amuse me when the federal government indicts defendants in criminal cases and invariably includes aliases in the caption of the case. So, for example, if an indictment is handed up against one "Joseph Smith," chances are the indictment will also specify "a/k/a 'Joe.'" Today the U.S. Court of Appeals for the Eleventh Circuit issued an opinion in which the judges on the panel may have wished that the defendants had straightforward aliases. Unfortunately, the government had assigned no aliases to these defendants. Today's opinion begins, "Chittakone Chanthasouxat ('Chanthasouxat') and Keopaseuth Xayasane ('Xayasane') (collectively, 'Defendants') appeal their convictions for drug-related offenses." [Of course, a persuasive argument can be made that all three of those parentheticals are unnecessary too, but don't get me started. Update: This post did manage to get acclaimed legal writing expert Eugene Volokh started. You can view his comments here.] Posted at 19:39 by Howard Bashman Federal district courts have jurisdiction to consider habeas corpus petitions filed by INS* detainees alleging violation of the Convention Against Torture: So the U.S. Court of Appeals for the Third Circuit has ruled in this very interesting opinion issued today. [*I am aware that on March 1, 2003, the INS became part of the U.S. Department of Homeland Security. However, no suitable acronym has yet arisen to replace INS.] Posted at 19:27 by Howard Bashman Department of "no comment": The AP reports here that "Moussaoui Worried on Self-Representation." You can access the two most recent orders of the U.S. District Court for the Eastern District of Virginia in this case here and here. Posted at 19:06 by Howard Bashman Alabama Chief Justice Roy S. Moore suspended over ethics complaint: The Associated Press is reporting that "Alabama Chief Justice Roy Moore is suspended pending the outcome of an ethics complaint for defying a federal court order to move a Ten Commandments monument." Update: The AP now offers this more detailed report. Posted at 18:39 by Howard Bashman "Alabama Officials Mull Removal of Ten Commandments": Reuters offers this coverage. Posted at 18:35 by Howard Bashman "Fox loses over Franken's 'Lies' book": CNN.com provides this report. Posted at 18:34 by Howard Bashman "Women's Med Center to stay open; U.S. court judge blocks state rule that required specific backup doctors": The Dayton Daily News published this article on Tuesday. And on Wednesday, that newspaper reported that "Right to Life stages protest at clinic; Judge's ruling allows Kettering center to stay open." Posted at 17:04 by Howard Bashman "Roy's Rock: Alabama residents are wreaking a nasty revenge on the woman who took their state's chief justice to court over his religious monument." Newsweek's Eleanor Clift has this "online exclusive" essay today. Reuters reports here that "Christian Conservatives Defend Ten Commandments." And The Associated Press reports here that "Commandments dispute underscores evangelical split on tactics." Posted at 16:56 by Howard Bashman "Chefs in stew over foie gras; Some rethink menu after violence over controversial fare": This article appears today in The San Francisco Chronicle. In somewhat related news, The Associated Press reports here that "Fires break out at California car dealership, vehicles vandalized at three other dealerships." Posted at 16:06 by Howard Bashman "Any other litigant might be embarrassed, but in litigation the government never blushes." A former law clerk to Eleventh Circuit Judge Ed Carnes had this to say today via email about a concurring opinion from his former boss that I first linked to here yesterday: Judge Carnes' observation in U.S. v. Brown that "in litigation the government never blushes" is particularly noteworthy coming, as it does, from a jurist who spent his entire career before taking the bench as a prosecutor and appellate counsel for the government. When I clerked for Judge Carnes, he urged me to follow a similar path into public service, and I did. One lesson I learned was that, while the law often allows the government to take uncommon liberties with its position, every time the government chooses that path it burns up a bit more of its credibility with the bench. The long-term result is a frequently skeptical judiciary -- even among judges who once served as counsel for the government.Very well said. Posted at 15:52 by Howard Bashman "Commandments debate spans nation; For now, the ‘shalt not’ side has upper hand": MSNBC's Kari Huus has this report. And from Georgia comes an AP report that "ACLU giving Barrow County 'time' on 10 Commandments." Posted at 15:24 by Howard Bashman Will the real Marcus Howard please stand up? This opinion that Seventh Circuit Judge Terence T. Evans issued today illustrates how a defendant's criminal history can affect a sentence of imprisonment imposed in federal court under the Sentencing Guidelines. (This post's heading patterned on lyrics from "The Real Slim Shady" by Eminem.) Posted at 14:32 by Howard Bashman "No Charges Seen in Ten Commandments Case": The Associated Press provides this update. Today's edition of The Birmingham Post-Herald reports here that "Chief Justice Moore may face suspension from court; Expected to meet with judicial commission." And The Brainerd (Minn.) Daily Dispatch reports here that "Courthouse has its own monument, but not any controversy" (plus photo here). Posted at 14:10 by Howard Bashman No worries: A reader who just began a clerkship for a judge on the U.S. Court of Appeals for the Ninth Circuit emails to suggest that I point out that Ninth Circuit Judge Alex Kozinski is among the federal appellate judges who have not agreed to follow the so-called "Law Clerk Hiring Plan." Accordingly, this post of mine from very early this morning need not cause clerkship applicants excessive aggravation except to the extent that they find themselves without shelter in an electrical storm. Posted at 13:53 by Howard Bashman Ninth Circuit en banc panel rules 8-3 that no "dangerous patient" exception exists to federal testimonial privilege for psychotherapist-patient communications: You can access today's ruling by an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link. The majority opinion notes that a circuit split already existed on this issue even before today's ruling. Posted at 13:30 by Howard Bashman "State readies removal of Ten Commandments monument": CNN.com provides this update. And WTVM-9 of Columbus, Georgia reports that "Plaintiffs will NOT Seek to Hold Chief Justice Roy Moore in Contempt of Court." Posted at 13:20 by Howard Bashman "Guardian Sought for Fetus of a Retarded Floridian": This article appears today in The New York Times. The Miami Herald reports here that "Guardian for fetus a knotty issue for 3 judges; Debate centers on unborn child of retarded woman." And The Orlando Sentinel reports here that "Court hears debate on rights of fetuses." Posted at 12:09 by Howard Bashman Choose targeted mail solicitations: Today's edition of The Tallahassee Democrat contains an article that begins: "Democrats and abortion-rights advocates Thursday criticized House Speaker Johnnie Byrd for mailing owners of the state's 'Choose Life' license plates letters promoting a constitutional initiative requiring parental consent for minors' abortions." Posted at 12:03 by Howard Bashman "U-M gay studies class leads lawmakers to seek controls; Bill would give state legislators the power to prohibit courses": This article appeared in yesterday's issue of The Ann Arbor News. Posted at 11:56 by Howard Bashman "Wrongly convicted Detroiter tiptoes into life of freedom; Lloyd slowly adjusts to new world after 17 years in prison": The Detroit News today provides this report. Posted at 11:53 by Howard Bashman "TV case explores the bare facts; Man goes to court over nudity and free speech": This article appears today in The Detroit Free Press. Posted at 11:51 by Howard Bashman Sadly, the cert. petition contains no mention of the "oopsy-daisy clown car": On Monday, the Consumers Union of the United States, which publishes Consumer Reports magazine, filed a petition for writ of certiorari in the U.S. Supreme Court seeking review of a recent Ninth Circuit decision that allows Suzuki Motor Corp. to pursue a product disparagement claim based on a very unfavorable series of reviews of the Suzuki Samurai that the magazine had published. You can access the cert. petition at this link. Back in May 2003, a total of eleven Ninth Circuit judges dissented from an order denying rehearing en banc and joined in an opinion dissenting from the denial of rehearing en banc written by Circuit Judge Alex Kozinski. This cert. petition may contain more references to Judge Kozinski than any other cert. petition ever filed, or maybe not. Sadly, however, the cert. petition fails to quote one of my favorite references from the Kozinski dissent to an "oopsy-daisy clown car." You can access my earlier coverage of the Ninth Circuit's order denying rehearing en banc at this link. Posted at 10:58 by Howard Bashman Even more Ten Commandments-related coverage: The Associated Press reports here that "Defiant Judge Meets on Ten Commandments." Another AP report is entitled "Finding References to God Easy in America." The Mobile Register reports here that "Sculptor finds his work at center of controversy" and here that "Supreme Court justice sought son's counsel; Seniority led Gorman Houston Jr. to try to lead justices to consensus." An article in The Birmingham News bears the headline "Locked out, 100 gather on steps of judicial building." Today's issue of The Boston Globe contains an editorial entitled "Thou shalt not." The Baltimore Sun contains an editorial entitled "Monumental demagoguery." The Wilmington (N.C.) Star-News contains an editorial entitled "Thou shalt obey the law." Columnist Cal Thomas has an essay entitled "Conflicting thoughts on Alabama." And in The Austin American-Statesman, John Kelso has an essay entitled "'Tain't Moses who found these stones." Finally for now, The AP reports from Oklahoma that "'In God We Trust' Posters Finding Way Into Schools; ACLU: Posters Violate Separation Of Church And State." Posted at 10:27 by Howard Bashman "PA Committee Members Resign Over Ten Commandments": WPVI-6, Philadelphia's ABC affiliate, has this report from Altoona, Pennsylvania. It was James Carville who defined Pennsylvania as "Philadelphia and Pittsburgh with Alabama in between." Posted at 10:16 by Howard Bashman This morning's Ten Commandments news: The Montgomery Advertiser reports here that "Moore's colleagues vote to move display"; here that "Supporters say freedom's on the line"; and here that "Supporters continue their protests." You can access one photo gallery here and another here. And an editorial is entitled "Justices did what was right." The Mobile Register reports here that "Monument is shielded, in place" and here that "Commission will review complaint; Filings say Chief Justice Moore violated the Alabama Canons of Judicial Ethics." And an editorial is entitled "Commandments safe, despite Roy Moore." The Birmingham News reports here that "Justices overrule Moore; monument ordered out." And an editorial is entitled "Taking a stand: Court upholds law in Ten Commandments fight." The Crimson White reports here that "State justices disagree with Moore's stance; Hundreds rally around monument as chief justice refuses to back down." And an editorial is entitled "Political recognition, a media circus, Ten Commandments and one chief justice." The Huntsville Times contains an editorial entitled "Back from the brink: Once again, Alabama flirted with disaster." In news and opinion from elsewhere, The Athens Banner-Herald reports here that "Alabama boils; Barrow quiet." The Globe and Mail contains an item headlined "Behold the armies of the Lord." The Atlanta Journal-Constitution contains an editorial entitled "Constitution rules in Alabama." The St. Petersburg Times contains an editorial entitled "Alabama extremist unfit to judge." The Charlotte Observer contains an editorial entitled "Render unto Caesar: Defiant judge's self-serving monument trivializes religion." The Erie Times-News contains an editorial entitled "Justice Moore's contempt for law." And The Helena Independent Record has an op-ed by Marianne Means entitled "Monument and judge should go." Posted at 06:25 by Howard Bashman Volokh to clerk for Kozinski: Who says lightning can't strike twice. Posted at 00:35 by Howard Bashman Ten Commandments monument coverage in Friday's newspapers: The New York Times contains an article headlined "Thou Shalt Not, Colleagues Tell Alabama Judge." The Washington Post offers an article headlined "Commandments Statue Removed From View; Ala. Justices Say They Were Following Court Order." The Atlanta Journal-Constitution reports here that "Court nominee draws spotlight in Ala. saga." Finally for now, you can access Wednesday's order of the U.S. Supreme Court at this link. Posted at 00:16 by Howard Bashman Thursday, August 21, 2003
In Thursday's newspapers: The Washington Post reports here that "GOP Bill Would Add Anti-Terror Powers." In other news, "Former Militant Is Granted Parole; Upcoming Release Angers Victim's Family, Others." You can access here an article headlined "Busy Thumbs and Crossed Fingers; BlackBerry Users Not Likely to Be Left Empty-Handed." An editorial is entitled "Mr. Ashcroft's Roadshow." And Bob Barr has an op-ed entitled "Leave Marriage To the States."
The Los Angeles Times reports here that "Court Ruling Keeps Recall on Track for Oct. 7 Ballot; A federal judge rejects a request to delay the election over the use of punch-card voting." An article reports that "San Francisco Wins Voting-System Suit; Public-interest groups lose bid to force use of instant-runoff balloting in the Nov. 4 election." In other news, Mrs. Gray Davis now has a blog. An article reports that "Californians May Win Right to Sue Brokerages; Appellate ruling could lead to a precedent allowing investors to bypass arbitration." You can access here an article headlined "N.Y. Parole Board OKs Freedom for 1960s Radical; Kathy Boudin has spent 22 years in prison for her role in a robbery that left three dead." An article reports that "Megan's Law Data Out of Date, State Audit Finds." In local news, "Accused Judge Had a Drinking Problem, Former Lover Testifies; The Lompoc jurist who allegedly pulled a gun on her partner was struggling with work and domestic troubles, her ex-partner says." And an editorial is entitled "Private Justice for a Judge." The New York Times reports here that "Former Radical Granted Parole in '81 Killings." And in other news, "Penalty in Crown Heights Case Means a Little More Jail Time." USA Today reports here that "10 Commandments appeal fails Monument ordered out of Ala. building." The Christian Science Monitor reports here that "Tart humor gets its day in court." And an editorial is entitled "Ashcroft's Whistle-Stops." The Boston Globe reports here that "Judge rules against foes of wind farm; Says state lacked a right to block the test tower." The Washington Times reports here that "Cadaver-dog handler charged with rigging evidence searches." An editorial is entitled "Smearing the Patriot Act." And an op-ed by William Murchison is entitled "Prevailing tendencies," and Posted at 23:35 by Howard Bashman "High court to decide if Diaz to see documents": The Clarion-Ledger provides this coverage from Mississippi. Posted at 23:33 by Howard Bashman The Associated Press is reporting: An article reports that "State Supreme Court expands wrongful death law to cover unborn fetuses," and you can access today's en banc ruling of the Supreme Court of Mississippi at this link. Elsewhere, an article reports that "High court rules for 3M in breast implant case," and you can access today's ruling of the Supreme Court of Minnesota at this link. David Kravets reports that "California Supreme Court upholds energy rate hikes stemming from power crisis," and you can access the opinion here. In other news, you can access here an article entitled "Judge rejects media request to see details of Kobe Bryant case"; here "Scott Peterson's attorneys appeals order opening preliminary hearing to public"; here "Boudin Parole Shocks Victims' Families"; and here "Five Gun Dealers Settle Calif. Lawsuit." Posted at 23:15 by Howard Bashman The Supreme Court of California delivers bad news for sexually violent predators: See this decision issued today. Posted at 23:09 by Howard Bashman Bomb repair update: Here, from the Yale Law School. Posted at 23:06 by Howard Bashman "Judge rebuffs ACLU bid to push vote to March; Ruling turns away concerns over punch-card ballots": Bob Egelko has this report in today's issue of The San Francisco Chronicle. In response to my post yesterday about how the Ninth Circuit's ruling on appeal could very well depend on which three judges are assigned to hear and decide the case, a recent former law clerk to a Ninth Circuit judge today emailed to observe: Because it's a preliminary injunction appeal, it will in all likelihood be heard by a motions and screening panel. This month's panel consists of Chief Judge Schroeder and Judges Hawkins and Tashima. They can, of course, kick it to the next available merits panel, but by then it might be too late.Of course, if the appeal is not taken until next month, presumably the composition of the motions and screening panel will change. The current panel is neither the most liberal nor the most conservative panel that could have been drawn from the judges serving on that court, although I think that most would rank the panel left of center. Circuit Judge Michael Daly Hawkins participated in my Web log's "20 questions for the appellate judge" feature in June 2003, and you can access his interview at this link. Posted at 23:04 by Howard Bashman Yale Law Professor Jack M. Balkin discusses the recent events in Alabama: Here you can access a post entitled "Chief Justice Moore As Administrator, Not Judge" and here a post entitled "Keep Alabama Baptist." Both are worth a look. Posted at 22:49 by Howard Bashman "Scientology wanted millions, gets $4,500; Jurors don't buy the church's argument that a lawyer involved in a wrongful death case owes it more than $2-million." The St. Petersburg Times contains this article today. Posted at 22:43 by Howard Bashman "Teens have right to have sex, lawyer argues": This article appears in today's edition of The Milwaukee Journal Sentinel. Posted at 22:38 by Howard Bashman "'Moses of Alabama' fights for his Rock": The Telegraph (UK) has this report. Posted at 21:12 by Howard Bashman "Moore 'disappointed' with fellow judges' order": The Montgomery Advertiser provides this update. Posted at 20:00 by Howard Bashman "Advocates debate the First Amendment, Ten Commandments": CNN.com offers this transcript. Posted at 18:59 by Howard Bashman "Thou Shalt Not Pray: Does the Constitution hate God?" Dahlia Lithwick has this essay online at Slate. Posted at 18:56 by Howard Bashman "Any other litigant might be embarrassed, but in litigation the government never blushes." A case that the Supreme Court of the United States remanded to the U.S. Court of Appeals for the Eleventh Circuit for reconsideration in light of the position of the Solicitor General of the United States has today produced a very interesting concurring opinion from Eleventh Circuit Judge Ed Carnes. Judge Carnes writes: In his concurring opinion, my good friend, Judge Hill, suggests that the entire Court ought to consider in this case whether the Renfro decision should be overturned. Of course, each active judge of the Court will consider that when reading the opinions in this case. However, to the extent that Judge Hill thinks we ought to grant rehearing en banc for that purpose, I respectfully disagree. The Supreme Court's action in returning this case to us originated in a suggestion of the Solicitor General that we had erred in concluding that we lacked jurisdiction to review the order of the magistrate judge because the appellant did not raise it before the district court. The Solicitor General's position is that we can review the magistrate judge's order but only for plain error of which he says there is none. So the government's position now is that we reached exactly the right result, but for the wrong reason.You can access the complete ruling at this link. Posted at 17:29 by Howard Bashman "Chief justice defiant on monument; Alabama jurist says he will again ask U.S. high court to intervene in divisive case": MSNBC offers this report, which includes a link to a video of Chief Justice Roy S. Moore's speech to his supporters this afternoon. Posted at 17:24 by Howard Bashman Call him Ishmael: Just how difficult can it sometimes be for a criminal convicted in federal court to win a habeas corpus action? This very short ruling that the U.S. Court of Appeals for the Fifth Circuit issued today provides one interesting example. Posted at 17:09 by Howard Bashman "Ten Commandments displays at issue across the nation": The Scripps Howard News Service has this report. Posted at 17:00 by Howard Bashman "Flag-burning teen indicted for arson": Today's edition of The Houston Chronicle contains this article. Posted at 16:58 by Howard Bashman "Refugee claimed she'd be persecuted for obesity": Canada's National Post today offers this report. Posted at 16:55 by Howard Bashman The economics of religion: A dissenting opinion that Seventh Circuit Judge Richard A. Posner issued yesterday in a case challenging Chicago's zoning ordinance for religious uses is quite interesting. Posted at 16:53 by Howard Bashman "Chief justice vows to fight monument removal order": CNN.com has just placed online this report. And United Press International reports here that "Conflict continues over religious monument." Posted at 16:18 by Howard Bashman "Alabama Judges Order Removal of Ten Commandments": Reuters provides this report. Meanwhile, from Pennsylvania comes a report headlined "More Controversy Over Altoona's Ten Commandments Plaque." Posted at 15:53 by Howard Bashman "Alabama Justices Overrule Chief on Monument; The state Supreme Court orders removal of the embattled Ten Commandments monument, in line with a federal court decision. Chief Justice Roy Moore wanted to continue the fight." The Los Angeles Times offers this update. And Robert A. Martin, Editor and Publisher of The Montgomery Independent, has an essay in today's issue entitled "Moore ordered to appear before Judicial Inquiry body on Friday." Posted at 14:57 by Howard Bashman "Justices Order Ten Commandments Monument Removed": The New York Times provides this update. Posted at 14:28 by Howard Bashman "Statement By Gov. Bob Riley On The Ten Commandments Monument": You can access here the statement that Alabama's Governor has issued today. Posted at 14:10 by Howard Bashman Access online the order entered by the eight Associate Justices of the Alabama Supreme Court ordering the removal of the Ten Commandments monument: It is available here, via FindLaw. Posted at 14:02 by Howard Bashman "Statement of Attorney General Bill Pryor Regarding the Order of the Alabama Supreme Court to Require the Judicial Building Manager to Comply with the Federal Injunction": You can access this statement, issued today, at this link. Posted at 14:00 by Howard Bashman "Chief Justice Condemns Order To Remove Monument; District Judge Had Set Today As Deadline For Removal From Public View": Birmingham, Alabama's NBC-13 provides this report. And WSFA-12 reports here that "Monument to Go: Attorney General Says No One Above the Law." Finally for now, The Associated Press offers an article headlined "Riley: Court Orders on Monument Wrong, But Must Be Followed." Posted at 13:53 by Howard Bashman "Truly, we have no finer friend than the dog." The very lengthy footnote 13 contained in the opinion in this police dog bite case that the U.S. Court of Appeals for the Ninth Circuit decided today may strike some as a bit over the top. Posted at 13:43 by Howard Bashman "Ala. justices overrule Moore, order monument removed; U.S. Supreme Court had refused to block federal court order": The Atlanta Journal-Constitution offers this updated report, which states that "Moore and his attorneys are scheduled to appear before the judicial ethics panel in a private meeting Friday." Posted at 12:45 by Howard Bashman "Transcript: Justice Moore on His Monumental Battle." FOXNews offers this transcript of an interview broadcasted yesterday. Posted at 12:35 by Howard Bashman "Moore Not Likely to Back Down": The Associated Press offers an article from Gallant, Alabama that begins, "Alabama Chief Justice Roy Moore is in the fight of his life over a Ten Commandments monument, and his brother can't help but think how little has changed since they were kids growing up in this foothills town." And this AP article from Nebraska reports that the U.S. Court of Appeals for the Eighth Circuit is currently considering a Ten Commandments case involving "a similar marker in a city park in Plattsmouth." Posted at 12:32 by Howard Bashman "Alabama Judge Orders Removal of 'No Parking' Signs": ScrappleFace offers this commentary. Posted at 12:22 by Howard Bashman "Justices: Move Ten Commandments Display." The Associated Press provides this report. Posted at 11:33 by Howard Bashman BREAKING NEWS: "Monument to Go." WSFA-12, the NBC affiliate in Montgomery, Alabama, reports here that "Senior Associate Justice Gorman Houston has told WSFA that all eight associate justices of the Alabama Supreme Court have issued an order countermanding the order of Judge Roy Moore concerning the Ten Commandments monument. Houston says they have notified the building supervisor to make immediate plans to remove the monument. Attorney General Bill Pryor is scheduled to hold a press conference at 11:00 a.m." That would be 11 a.m. central time, presumably. Posted at 11:16 by Howard Bashman "Makeshift wall in front of Ten Commandments monument removed": Talk about your separation of Church and State. The Associated Press provides this update. Posted at 11:13 by Howard Bashman The invisible Ten Commandments: Montgomery, Alabama's NBC affiliate, WSFA-12, is reporting here that "Early Thursday morning a curtain/partition went up around the Ten Commandments monument in the Alabama Judicial Building. It is unclear at this time whether or not the plywood-like curtain/partition went up to provide a private viewing area for the monument or as a precursor to the movement of the monument. However, WSFA has confirmed the order to put up the curtain/partition came from Alabama Supreme Court's associate justices." WTVM-9 in Columbus, Georgia reports here that "The Ten Commandments monument is no longer in plain view at the Alabama Judicial Building where Christian activists are conducting prayer sessions. Its unclear why the plywood-like covering was placed over the two-and-a-half ton stone monument. Yesterday the US Supreme Court declined to get involved in the case. Alabama Chief Justice Roy Moore did not comply with a midnight deadline to remove it. Court officials have closed the public entrance. Onlookers were told they would not be allowed inside unless they have official court business." And The Associated Press reports here that "Ten Commandments monument walled off from public in building." In other news, The Birmingham News reports here that "Circuit judge gives chamber a look at Moore case possibilities." Posted at 10:23 by Howard Bashman Look who's not paying attention now: Today's issue of The Houston Chronicle contains an article headlined "Burdine case has Harris County, TDCJ bickering; Issue: killer's parole eligibility." And yesterday that newspaper reported that "Mix-up says Burdine is eligible for parole; 'Sleeping lawyer' convict had agreed to life." Posted at 09:24 by Howard Bashman "Court to hear fetus, guardian arguments": This article appears today in The Orlando Sentinel. Posted at 09:20 by Howard Bashman "Man who crashed abortion clinic wins legal respite": The Houston Chronicle reported here yesterday that "Charges against a man accused of driving his van through the front entrance of a Houston abortion clinic in March were dismissed by a federal judge who ruled a part of the Freedom of Access to Clinic Entrances Act unconstitutional." Posted at 09:19 by Howard Bashman "Tortolita still does not exist." So begins an article from The Associated Press about this ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday. Posted at 09:12 by Howard Bashman "Court vows ruling on same-sex unions": This article appeared in yesterday's issue of The Arizona Republic. Posted at 09:10 by Howard Bashman Other Ten Commandments-related news: Today's issue of The Toledo Blade contains an article headlined "Prayer rally at courthouse here to support display of biblical law." The Associated Press reports from Miles City, Montana that "County votes to move Ten Commandments." And The Post and Courier of Charleston, South Carolina reports that "Battle over Ten Commandments was waged in Charleston County." Posted at 09:06 by Howard Bashman Additional news and commentary pertaining to the Ten Commandments monument in the Alabama Judicial Building: Montgomery, Alabama's NBC affiliate, WSFA-12, provides a report entitled "What's Next in the Case of the 10 Commandments." The Mobile Register offers an article headlined "Johnstone led failed effort to move the monument" and an editorial entitled "Here's why Moore is losing." David G. Savage of The Los Angeles Times reports here that "Commandments Appeal Fails; The Supreme Court refuses to intervene hours before a judicial deadline for removal of a religious display from a state building." The Montgomery Advertiser contains an editorial entitled "Justices must find mettle to intervene." And at Town Hall, Marvin Olasky has an essay that begins, "Say what you will about Roy Moore of the Alabama Supreme Court, he does know how to restart a vital national debate that had been stalled." Posted at 08:39 by Howard Bashman This morning's Ten Commandments monument news from Alabama: The Montgomery Advertiser reports here that "Protesters removed, monument stays." The Birmingham News reports here that "Court won't stop monument move." A related editorial is entitled "Test of courage: Other state officials must act if Moore will not." The Mobile Register contains an article headlined "They came from all over for glimpse of the drama." And The Crimson White reports here that "Monument defenders undeterred." This morning's edition of The Atlanta Journal-Constitution reports here that "Commandments feud spurs arrests; Supreme Court stays out of dispute in Alabama." And CNN.com reports that "Alabama justice not giving up monument fight; Ten Commandments still in place as deadline passes." Finally for now, blogger Timothy Sandefur offers his thoughts on this matter. Posted at 06:19 by Howard Bashman "Supporters Begin Round the Clock Vigil: Alan Keyes Issues a Call to Montgomery": WSFA-12, Montgomery, Alabama's NBC affiliate, provides this late report. Posted at 00:13 by Howard Bashman Wednesday, August 20, 2003
"Jurist Defies Deadline on Monument; $5,000-a-Day Fines May Begin": Thursday's edition of The Washington Post will contain this report from Montgomery, Alabama. And Thursday's edition of The New York Times will report here that "Alabama's Top Judge Defiant on Commandments' Display."
Posted at 23:21 by Howard Bashman
Election law expert Rick Hasen provides his analysis of today's federal court ruling denying a stay of California's recall election: You can access Rick's evaluation here. How the Ninth Circuit rules will very likely depend on which three judges from this very large group are selected to hear and decide the forthcoming appeal. Posted at 22:41 by Howard Bashman "Alabama Judge Defiant Hours Before Deadline": Reuters provides this report. Birmingham, Alabama's NBC-13 reports here that "Moore Says He Will Not Remove Monument; Judge Claims Moving Monument Would Violate The Oath Of His Office." The Montgomery Advertiser reports here that "16 protesters arrested at monument." And National Public Radio offers an audio report entitled "Ten Commandments Judge Won't Budge" (Real Player required). My reader who works in the Alabama Judicial Building emails from home this evening: Well, I see that reports of the arrests have made all the news. Probably 10-15 deputy sheriffs, court security officers, and other law enforcement officers arrested 20 or so persons who had been gathered around the monument since this morning. Those busted were for the most part orderly -- singing Amazing Grace, clutching their Bibles, etc. No real violence, only a few people going stiff and refusing to stand up as they were taken away. These "hard resisters" were dragged off; fortunately the rotunda's stone floor is quite smooth, so the going was easy (more like a slide). No rough trade. The officers making the arrests were very solicitous of the persons being arrested. All those arrested were handcuffed as they were led away. I think they were loaded into an old school bus and hauled off to jail. Probably 50 or more employees at the Judicial Building watched the action from the second floor, above the main floor. (Before the arrests started, I noticed some of the law officers looking up nervously at the onlookers; maybe they aren't used to having so many folks watch them effect arrests.) Yes, court officials pretty much closed the building to the public at 4:00 and chased away the willing and most of the press. The news cameras had to settle for taping the action through the windows at the building's entrance. At 5:45, the building manager told us gawkers that all the indoor action was finished and that Justice Moore was going to give two "live interviews" in front of the monument later this evening. For some reason, two individuals who had been guarding the Rock were not taken away. One of them was an elderly lady in an electric wheelchair. Anyway, no one seems to know how the Rock will be removed. If it must be taken out the front doors, things will get interesting, because as of 6:00 p.m., 100 or more activists, onlookers, and other assorted oddballs were gathered near the steps just outside the building entrance.The letter that I linked to earlier from Alabama Attorney General Bill Pryor to Representative Jim Carns, the Minority Leader of the Alabama House of Representatives, is quite interesting. First, Pryor makes the point that he does not have official authority over the inside of the Alabama Judicial Building. And, as earlier news reports made clear, a majority of the Justices serving on the Alabama Supreme Court today failed to vote in favor of a proposal to move the monument to a private area of the building. Second, Pryor's letter strongly suggests that had he been in control of the defense of the litigation against Chief Justice Roy S. Moore, the result may have been different. That's quite a gutsy thing to imply. Finally, the letter proudly trumpets many of Pryor's accomplishments that provide the basis for the filibuster against his nomination that is underway in the U.S. Senate. I'd have to think that he realizes he will not be joining the Eleventh Circuit anytime soon to have made those accomplishments such a central focus of his letter. Update: Law Professor Tung Yin has an op-ed entitled "A justice's contempt for rule of law" in today's issue of The Iowa City Press-Citizen. (Via Law Professor Jeff Cooper, who shares some pertinent thoughts of his own here.) Posted at 22:11 by Howard Bashman "Arrests Begin at Monument Showdown": WSFA-12, Montgomery, Alabama's NBC affiliate, provides this report (with photos). And WTVM-9 in Columbus, Georgia has a report entitled "Busload Arrested and Led Away from Ten Commandments" which states that "Associate Justice Douglas Johnston[e] issued a statement saying he had proposed moving the monument to a private area of the judicial building after six o'clock this evening. He said that would avert any fines while Moore pursues appeals that could take months. But he said fewer than five of the justices concurred, and his proposal was not approved. The associate justices have indicated they may take action later." Update: Here's another interesting, related item from the WSFA-12 site entitled "Attorney General Responds to House Leader." The description explains that "Attorney General Bill Pryor has released a response to Alabama House Minority Leader Jim Carns answering questions concerning the Ten Commandments rulings and the state's position on the matter. " An official copy of the letter from Alabama Attorney General Bill Pryor can be viewed here (PDF file). Posted at 19:35 by Howard Bashman "Conn. Media Seek Secret Court 'X-Files'": The AP offers this coverage. Posted at 19:27 by Howard Bashman Recall effort abandoned as "too difficult": That's what this Associated Press report says has happened with the effort to recall "six Nevada Supreme Court justices who set aside a constitutional mandate requiring a two-thirds legislative vote to pass taxes." Posted at 19:13 by Howard Bashman "High Court Nixes Ten Commandments Appeal": The Associated Press provides this update from Montgomery, Alabama, and the report states that "After the court acted, Montgomery police handcuffed about 20 Moore supporters who had kneeled and stood at the monument inside the building rotunda and refused to leave. Police then led the participants out of the building." An earlier update from The Montgomery Advertiser was headlined "Monument supporters locked inside Judicial Building." Posted at 19:05 by Howard Bashman "Supreme Court Dashes Hopes of Alabama Judge": Reuters provides this report. Posted at 17:30 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Hawaii Kamehameha Ordered to Admit Student"; here "Dems Start Group to Try to 'Recall' Bush"; and here "60s Radical in Heist Granted Parole." Posted at 17:27 by Howard Bashman Access today's ruling that refused to delay the vote on California governor recall: It is available online here. Posted at 17:20 by Howard Bashman "Court Rejects Ten Commandments Appeal": Gina Holland of The Associated Press has this report. Next stop -- the International Court of Justice at The Hague? You can access the U.S. Supreme Court docket entries at this link. Finally for now, the University of South Alabama's student newspaper, The Vanguard, contains an editorial entitled "Moore Stupidity." Posted at 16:29 by Howard Bashman Federal judge refuses to delay vote on California governor recall: Thanks to Rick Hasen for emailing the news. I was on the phone a bit earlier with a reporter for a nationwide television news outlet, and the reporter was very interested in learning all about the Ninth Circuit, the federal appellate court with jurisdiction over California. CNN.com offers this report on the ruling, and you can access an Associated Press report here. Posted at 16:08 by Howard Bashman "Counting the Cloture Votes: Analyzing Senators' Support for Judicial Nomination Filibusters." Tom Jipping offers this analysis (17-page PDF document; via "Southern Appeal"). Posted at 16:05 by Howard Bashman "Moore appeals again as clock ticks": The Montgomery Advertiser offers this updated report. Posted at 16:00 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Fla. Prosecutor Cleared of Ethics Flap" and here an article entitled "Flaws Eyed in Calif. Sex Offenders Lists." Posted at 15:58 by Howard Bashman "Ten Commandments Judge Puts Hopes in Supreme Court": Reuters offers this coverage. Posted at 15:15 by Howard Bashman "Sky-high smut: Raunchy ad rises in Times Sq." The New York Daily News provides this report. Posted at 14:28 by Howard Bashman "Scientology seeks millions as punishment; A lawyer involved in a wrongful death suit should pay more than $2-million, the church contends." This article appears today in The St. Petersburg Times. Posted at 14:26 by Howard Bashman A reader's report from inside the Alabama Judicial Building: The following email arrived just moments ago: From the Alabama Judicial Building. I know the word has been overused with regard to this story, but it's a circus around here. It's Wednesday, about 11:20 a.m. CDT, and the Rock is still in place. The media have the building surrounded with their trucks. Everyone and his uncle is being interviewed in the rotunda area, near the Rock. Dozens of people milling about out front. And there's an assortment of Christian activists prostrate on the front steps (praying), some guy driving a tricked-up RV pasted with anti-abortion, anti-gay, anti-federal government slogans. He's flying what looks to be some sort of religious flag and an upside-down US flag atop his war wagon. Let's see: Alabama's Head Atheist, Larry Darby, is here and dressed especially swell for the occasion -- he's even wearing some kind of 1940s-style men's hat. The man can sniff out a reporter's microphone from 50 paces. Across the street, sitting in his beach chair and drinking from his thermos, is a Hare Krishna (I think), wearing only a robe and some sandals. As you know, AG Pryor has vowed to act to remove the Rock if the deadline passes without further word from the fed courts. Security guards looking worried, police officers here and there around the building, with several motorcycle cops out front. Yellow traffic cones have been placed near the street. I wonder if they are going to cordon off the area when the time comes to move the Rock. I think it will only get busier as the day goes on. I imagine there's no freight elevator that could handle the thing if they (the people charged with moving it) hoped to take it out some other way than the front entrance. Too bad. I'd like to see Moore and his supporters complain about a sneaky removal, when the Rock's middle-of-the-night arrival in the building was a total deus ex machina. From conversations (had and overheard), I figure most everyone who works here, with the exception of a very few, want to see the thing go. It's been the subject of many jokes by employees here ever since its arrival. It also brought about added security measures in the building that are seen as an annoyance. [snip] The way I'm looking at things now is that it's a logistical problem: How to get that thing out of here without hurting or dragging off anyone and with minimal opportunity for Roy to do any more grandstanding. By the way, talk around the building, among staffs, is that every other Justice wants the thing gone.Thanks much for that very interesting report. Posted at 13:11 by Howard Bashman Alabama Chief Justice Roy S. Moore's interview this morning with CBS News: You can view it online here (Real Player required). Posted at 13:00 by Howard Bashman The Lord's Prayer, private speech, and governmental endorsement of religion: A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit, in a decision issued today, ruled 2-1 that a federal trial court properly dismissed a lawsuit challenging a school board member's recitation of the Lord's Prayer at a graduation ceremony from which all official references to religion had been removed at the urging of the ACLU. Posted at 12:04 by Howard Bashman "Sperm Con's Sentence Stiffened": Today's edition of The New York Post contains this report (hey, I don't invent these headlines; I merely quote them). Posted at 11:42 by Howard Bashman "Ten Commandments Ruling in Ala. Appealed": The Associated Press provides this update, which reports that the request for a stay is now pending before the U.S. Supreme Court. Posted at 11:04 by Howard Bashman "Threats swirl as execution date nears; Three state officials are mailed threats connected to the Sept. 3 execution of an antiabortion activist and killer." The St. Petersburg Times today contains this report. Posted at 10:48 by Howard Bashman "Harvard grubs for 35M; Did B'klyn lawyer leave a will?" Today's issue of The New York Daily News reports here that "The death of a curmudgeonly Brooklyn lawyer has sparked a legal showdown between his lone surviving heir and Harvard Law School over his $35 million fortune." Posted at 10:18 by Howard Bashman "Deadline Passes for Commandments Monument": This Associated Press report incorrectly asserts that the federal court-imposed deadline for removing the Ten Commandments monument from public display in Alabama's Judicial Building was 12:00 a.m. this morning. In fact, the deadline is today, meaning that the deadline does not pass until today is over (see page 5 of this PDF document). Also, let me extend a warm welcome to my readers who work in the Alabama Judicial Building. If you happen to see the monument on the move today or at any point in the near future, please feel free to keep me posted via email. Posted at 10:03 by Howard Bashman "Gulf War veterans sue banks, firms over chemicals; They allege liability for ailments linked to service in 1991": CNN.com offers this coverage. Posted at 09:28 by Howard Bashman "Busy Day Scheduled for Monument Supporters": Montgomery, Alabama's NBC affiliate WSFA-12 provides this report. And yesterday it reported here that "Living History Lesson Given as Moore's Wishes Denied Again." Posted at 09:10 by Howard Bashman Death and taxes: The Australian today is reporting that "A man acquitted of murder because he was psychotic has won a $300,000 payout after suing a hospital for negligently releasing him into the community." Posted at 09:05 by Howard Bashman Additional Ten Commandments monument coverage from Alabama: Today's edition of The Birmingham News reports here that "U.S. court refuses more time for Moore; Supporters plan vigil around monument." And The Crimson White is reporting today that "Coalition vows to block removal of Commandments monument." Posted at 08:45 by Howard Bashman In Wednesday's newspapers: The New York Times reports here that "Ashcroft Blasts Efforts to Weaken Terrorism Law." An article reports that "Tobacco Growers Consider Giving Up Price Supports." In local news, "F.B.I. Accused of Corrupting Computer Surveillance." In news from New Jersey, "Valedictorian Settles Dispute With Schools for $60,000." And a television review is entitled "You've Seen the Web Site. Now See the TV Show." The Washington Post reports here that "U.S. Links Islamic Charities, Terrorist Funding; Affidavit Alleges Role of Northern Va. Groups." In local news, "Judge Delays Slaughter of Md. Mute Swans." You can access here an article headlined "Laying Claim to Arbitration: Law Firm Aims to Dominate Investor Securities Cases." And columnist David S. Broder has an op-ed entitled "Conservative Governors With Tax Appeals." Posted at 08:35 by Howard Bashman "Judge Says Enough Black Jurors Found": The Associated Press provides this report from Pittsburgh. Posted at 08:32 by Howard Bashman "How Appealing" is today's Smart Computing magazine Web site of the day: Details here. Posted at 08:17 by Howard Bashman This morning's Ten Commandments news: Today is the court-imposed deadline for Chief Justice Roy S. Moore of the Supreme Court of Alabama to remove from public display in the Alabama Judicial Building the large granite monument to the Ten Commandments. If the monument is not removed today, fines of $5,000 per day will begin tomorrow. The Associated Press is reporting from Montgomery, Alabama that "Commandments Monument Backers Hold Vigil." The Montgomery Advertiser reports here that "Moore's down to last chance." A related op-ed by Jim Earnhardt is entitled "'Two-faced' label doesn't stick here." The Mobile Register contains an article headlined "Monument coming down 'very soon,' Pryor says; Federal court has ordered removal of Ten Commandments memorial from state building." The Times Daily contains an article headlined "Don't expect action today on monument; Supporters promise vigil to block removal of stone." The Atlanta Journal-Constitution offers an article headlined "Alabama justice's last stand: Command for removal comes due." The Washington Post contains an editorial entitled "Demagogue Down South." Finally for now, today's edition of The Arizona Daily Star reports here that "City religious sites may be vulnerable." Posted at 06:20 by Howard Bashman Tuesday, August 19, 2003
"This is after all supposed to be an opinion * * * not a movie review." Today the U.S. Court of Appeals for the Tenth Circuit issued an opinion from which Senior Judge Milton I. Shadur of the U.S. District Court for the Northern District of Illinois, sitting by designation, dissented. Judge Shadur's dissent contains the following passage:What is all of this doing in a dispute between U.S. Cellular and the City of Broken Arrow? This is after all supposed to be an opinion (albeit a dissenting one), not a movie review.Be sure to take a look at the complete ruling to place these dissenting remarks in context. Posted at 23:04 by Howard Bashman Failure to include key document in appendix on appeal leads federal appellate court to summarily affirm: The final two paragraphs in a published opinion that the U.S. Court of Appeals for the Tenth Circuit issued today are worthy of note: The failure of both appellant and cross-appellant to include in the appendix the document that controls the resolution of the issues on appeal--the Travelers insurance policy issued to Autobody--deprives them of the right to challenge the judgment of the district court. We summarily AFFIRM.You can access the complete opinion at this link. Posted at 22:55 by Howard Bashman "Oral arguments scheduled in Fox-Franken suit; Meanwhile, print run increased for book": The Associated Press provides this report. Posted at 22:52 by Howard Bashman Available online from law.com: An article reports that "Big Tobacco Beats Back RICO Claims." In other news, "Microsoft's $521M Patent Loss: Company lawyers say a 'prior art' bench ruling led to a wrong outcome." Shannon P. Duffy reports that "Arbitration Agreement Permeated With Illegal Terms Can't Be Saved," and you can access today's ruling by the U.S. Court of Appeals for the Third Circuit at this link. From New York comes a report headlined "First the Blackout, Now the Computer Virus." Finally, based on this law.com report and some recent USA Today articles, InstaPundit's Glenn Harlan Reynolds is speculating about who might emerge as the new second-in-command at the U.S. Department of Justice. Posted at 22:49 by Howard Bashman Elsewhere in Tuesday's newspapers: In The Los Angeles Times, David G. Savage reports that "Consumers Union Seeks Lawsuit Shield; Publisher cites the 1st Amendment in urging the Supreme Court to prevent a trial over Suzuki rollover articles." In recall election-related news, you can access here an article entitled "U.S. Review Is Unlikely to Delay Recall Election; But Monterey County's plan to combine polling places may face Justice Department hurdle" and here an article entitled "Judge Puts Off Decision on Whether to Delay Recall Election." And Law Professor Jonathan Turley has an op-ed entitled "Hollywood Isn't Holding Its Lines Against the Pentagon." The Boston Globe reports here that "Hawaii lawsuit challenges use of ancestry in school admissions." In local news, "Lawmakers OK back pay after lawyers refuse clients; $15.4m for those who defend poor." And a related article is entitled "'Lives are at stake,' says public defender." The Washington Times reports here that "Adoption ruling cited as threat to families." In other news, "Judge rejects Muhammad aid request." And an op-ed by Bruce Fein is entitled "Sentencing certitude." Posted at 22:25 by Howard Bashman "Sodomy charges set to be pursued": The AP reports from Virginia that "Prosecutors plan to pursue sodomy charges against 26 men despite a U.S. Supreme Court ruling that legal experts say invalidates Virginia's antisodomy law." Posted at 22:16 by Howard Bashman "'Ten Commandments' Judge Loses 2 Appeals": The Associated Press offers this updated report. Posted at 20:38 by Howard Bashman Ken at the "CrimLaw" blog offers a John Ashcroft sentencing-related cartoon: Here it is, just in time for the big tour. And apparently Helen Thomas isn't much of a fan of the Attorney General, if this op-ed is any indication. Posted at 19:46 by Howard Bashman Fourth Circuit holds that individual's answers to FBI agents waived attorney-client privilege allowing government to ask individual's lawyer what advice was given to the client: Today's opinion describes the facts at issue in the following manner: In March 2002, Appellant was interviewed by two FBI agents for the purposes of (1) determining whether Appellant, who is of Middle Eastern descent, had any information that might be helpful in connection with terrorism investigations; and (2) discussing with Appellant his earlier filing of an INS document known as Form I-485, sometimes referred to as a "green card" application. This noncustodial interview was conducted in the lobby of Appellant's apartment building and lasted approximately 45 minutes.Today a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit ruled, on these facts, that the client's answers to the FBI agents waived the client's attorney-client privilege and thus entitled the federal government to compel the attorney to answer the questions asked in front of the grand jury. You can access the complete opinion at this link. Posted at 19:28 by Howard Bashman "'Ten Commandments' Justice Loses Again": The Associated Press provides this report. In other coverage, The Times-Journal reports here that "Local judge enters Moore debate." And a related op-ed in that same newspaper by Ben Shurett is entitled "A time for deep searching my soul." Posted at 19:10 by Howard Bashman "Rice under fire on racial preference; Group protests university's reinstating affirmative action": The Houston Chronicle posted this article to its Web site this afternoon. Posted at 16:58 by Howard Bashman "Texas Court Stops Scheduled Execution": The Associated Press provides this report. Adam Liptak of The New York Times brought national attention to this matter this morning in an article headlined "Unconstitutional Procedure May Not Halt Execution." Posted at 15:52 by Howard Bashman U.S. Court of Appeals for the Fifth Circuit reverses dismissal of lawsuits filed on behalf of those injured or killed in Texas A&M University bonfire disaster: You can access today's ruling at this link. Posted at 15:11 by Howard Bashman Sharply divided en banc Seventh Circuit rules that Congress acted lawfully in limiting the attorneys' fees that can be recovered by prisoners who prevail in a civil rights action: Eleven judges participated in considering the case en banc, and the judges divided 6-5 on the result, with no opinion gaining more than five votes. The lead opinion is written by Circuit Judge Frank H. Easterbrook. You can access the entire ruling (a 71-page PDF file) at this link. Posted at 13:40 by Howard Bashman Divided three-judge Ninth Circuit panel issues its own equitable consent decree in environmental action: You don't see this every day. Posted at 13:31 by Howard Bashman Beethoven's clown car: Jan Crawford Greenburg reports in today's edition of The Chicago Tribune that the Suzuki Motor Corp. v. Consumers Union product disparagement case has reached the Supreme Court of the United States. You can access my coverage of the Ninth Circuit's ruling in that case via this link. Posted at 13:22 by Howard Bashman "Carnival in the Court": The Los Angeles Times today contains an editorial that begins, "Alabama Chief Justice Roy Moore insists that he will not remove a 2-ton monument listing the Ten Commandments from his courthouse." Not all of the facts in the editorial are entirely accurate, but it is worth a look nonetheless. Posted at 13:12 by Howard Bashman The San Francisco Chronicle is reporting: You can access here an article entitled "Oct. 7 recall election date OKd; Timing 'is not a problem,' Justice Dept. reportedly says"; here "Prop. 54 support drops, says poll; It would ban state from collecting data on race, ethnicity"; and here "Animal-rights vandals hit chef's home, shop; Activists call French-style foie gras cruel to birds." Posted at 12:19 by Howard Bashman Stuart Buck takes issue with the "Editorial Observer" column by Adam Cohen in yesterday's edition of The New York Times: You can access Stuart's comments here. Stuart's post begins, "The NY Times offers yet another dishonest assessment of Bush's judicial nominees, this one by Adam Cohen." Posted at 12:13 by Howard Bashman "Judge Gerald Bruce Lee: Doing What Judges Are Supposed to Do." Elaine Cassel has this essay online at CounterPunch. Posted at 12:10 by Howard Bashman Waking the dormant Commerce Clause: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued an opinion that begins: The South Dakota Constitution prohibits corporations and syndicates, subject to certain exemptions, from acquiring or obtaining an interest in land used for farming and from otherwise engaging in farming in South Dakota. This restriction, known as Amendment E, was added to the South Dakota Constitution as the result of a 1998 referendum. The thirteen Plaintiffs in this case allege that Amendment E violates the dormant Commerce Clause of the United States Constitution, and a smaller group of these Plaintiffs also claims that it violates the Americans with Disabilities Act (ADA).You can access the complete ruling at this link. Posted at 11:47 by Howard Bashman "Ala. Judge Seeks Stay on Monument Removal": The Associated Press offers this report. You can access yesterday's trial court decision denying a stay at this link. Posted at 11:40 by Howard Bashman In today's mail: A card announcing "Criminal Records -- New on Westlaw." Inside the card notes "Bad news for bad guys. Good news for you!" Posted at 10:18 by Howard Bashman "Justice Ginsburg would put a dress on the Lone Ranger": Phyllis Schlafly has this essay online at Town Hall. Posted at 10:05 by Howard Bashman "Attack-ad case appealed: Dispute in 2000 attorney-general election submitted to U.S. Supreme Court." This article appears in today's issue of The Charlotte Observer. Posted at 09:26 by Howard Bashman "Death-row inmates seek clemency; Gov. Easley faces decisions on 3 executions": The Charlotte Observer today contains this report. And a related item is entitled "On Death Row." Posted at 09:25 by Howard Bashman "Raising the ethics bar": An editorial in today's edition of The St. Petersburg Times begins, "At its recent meeting, the American Bar Association decided lawyers are not bound to be their clients' accomplice in crime." Posted at 09:23 by Howard Bashman "No legal notices in the paper? Lawmaker proposes placing them on the Internet. Publishers voice opposition." This article appears today in The St. Petersburg Times. Posted at 09:20 by Howard Bashman Feres doctrine in the news: The Detroit Free Press today contains a series of articles relating to the death of a Marine recruit. The lead story is headlined "Military's failures left recruit to die." You can access here "Tragedy's time line"; here "Parris Island: A Marine proving ground"; and here "Letters written home." And an article bears the headline "The Feres Doctrine: Ruling makes battle an uphill one." Posted at 09:18 by Howard Bashman "City fights to send strippers packing before club opens": The Miami Herald today provides this report. Posted at 09:11 by Howard Bashman "Transgender Hemingway child's will in question": The Associated Press has this report. (A Google search indicates that no musical group yet exists named the "Transgendered Hemingways.") Posted at 09:09 by Howard Bashman "Verdict's in: Law school's hot." The Orlando Sentinel today contains this article. Posted at 09:04 by Howard Bashman In Tuesday's newspapers: In The New York Times, Adam Liptak reports that "Unconstitutional Procedure May Not Halt Execution." An article reports that "Bush Administration Plans Defense of Terror Law." In other news, "Ruling Expected on Effort to Delay California Recall Election." In business news, "Lawyers Seek Big Fee for Negotiating Credit Card Deal." And Paul Newman has an op-ed entitled "Paul Newman Is Still HUD." The Washington Post reports here that "Sniper Suspect Praised Terrorists; Prosecutors Buttress Arguments for Death In Muhammad Case." In other news, "Ex-Prisoners Allege Rights Abuses by U.S. Military." An article reports that "Justice Dept. Declines To Intervene in Recall; Civil Rights Concerns 'Not a Problem,' Official Says." In news from Chicago, "Head of Muslim Charity Sentenced; Ill. Man Diverted Funds to Militants; No Proof of Terror Link, Judge Says." And an editorial is entitled "Listening In on the High Court." Posted at 08:45 by Howard Bashman "Could execution turn killer into 'martyr' over abortion?" Today's edition of The Miami Herald contains this report. Posted at 08:44 by Howard Bashman "Grandparents lose legal fight; Parents have final say about visitation in most cases, S.C. high court rules": This article appears in today's edition of The State. You can access yesterday's ruling of the Supreme Court of South Carolina at this link. Posted at 08:42 by Howard Bashman In other news from Alabama: The Tuscaloosa News reports here that "Black student gets bid to white sorority; Invitation is a first for African-American." The Birmingham News reports here that "White sorority at UA accepts 1st black." The Mobile Register reports here that "Historically white sorority at UA admits black woman." And The Crimson White reports here that "Traditionally white sorority system integrates; Gamma Phi Beta offers bid to black freshman." Posted at 08:30 by Howard Bashman "Commandments Monument: Moore appeals to 11th Circuit." Today's edition of The Montgomery Advertiser contains an article that begins: "Like a condemned man facing his final hours, Alabama Supreme Court Chief Justice Roy Moore is scrambling to stave off a fateful moment." The Birmingham News today contains an article headlined "Judge: Monument must go; Says Moore wants `direct confrontation.'" And a related editorial is entitled "Pryor commitment: Attorney general, justices must move quickly." Posted at 08:25 by Howard Bashman "Louisianans petition to free 'good crook'": This article appears in today's issue of The Atlanta Journal-Constitution. Posted at 08:08 by Howard Bashman This morning's Ten Commandments news and commentary: The San Antonio Express-News reports here that "Rally backs Alabama judge in Ten Commandments flap." Yesterday's edition of The Eufaula Tribune contained an article headlined "Monumental debate: If the Barbour County court of public opinion had authority to rule on the case, the Ten Commandments monument would likely have a permanent home in the State Judicial Building." A related editorial was entitled "Judging our justice." Florida Today offers an editorial entitled "Flouting the law." And The Atlanta Journal-Constitution offers an op-ed by Tom Teepen entitled "Alabama having a hard time being part of the United States." Posted at 06:20 by Howard Bashman Monday, August 18, 2003
U.S. Supreme Court Justice Anthony M. Kennedy condemns mandatory-minimum criminal sentences: This past Saturday's episode of C-SPAN's fine program "America and the Courts" included video of Justice Kennedy's recent speech to the American Bar Association's annual meeting. You can view the program at this link (Real Player required). Justice Kennedy's speech begins approximately eight minutes into the program.
Posted at 23:16 by Howard Bashman
Available online at law.com: Jonathan Groner reports that "Judges' Ire Up as Downward Departure Issue Persists." Shannon P. Duffy reports that "Posting Addresses of Convicts OK'd Under Megan's Law." You can access here an article headlined "Searching for a New No. 2; Replacing DOJ deputy Larry Thompson won't be easy." In news from New Jersey, "Loss for Off-Premises Employees Injured While on a Personal Errand; Workers' compensation claim denied despite supervisor's permission for trip to post office." And an obituary bears the headline "William Orrick Was Lion of Federal Bench." Additionally, Legal Times (free registration required) offers here a transcript entitled "High Court Post-Mortem: Five practitioners review a historic year and talk about the cases they won and lost." Evan P. Schultz has an essay entitled "Who's Hard on Sentencing? John Ashcroft may be targeting judges and prosecutors, but Congress told him to do it." And Bonnie J. Campbell has an essay entitled "Penny-Wise, Pound-Foolish: Hiring contingent-fee lawyers to bring public lawsuits only looks like justice on the cheap." Posted at 23:02 by Howard Bashman Elsewhere in Monday's newspapers: The Boston Globe contains an article headlined "Pleas of frustration; Lawyers questioning, abandoning their profession." The Washington Times reports here that "'How to be Gay' course draws fire at Michigan." In other news, "Idealism motivates law students." Nat Hentoff has an op-ed entitled "Bush's personal rule of law." And Edgar H. Brenner has an op-ed entitled "Risky Patriot Act exemptions." In The Los Angeles Times, you can access here an article headlined "Wanted: A look. Image makers agree: Davis is not up to snuff. And with one bulging exception, most of those hoping to unseat him aren't, either." An obituary from The Associated Press bears the headline "William Orrick, 87; Judge in Hearst, Desegregation Cases." An editorial is entitled "Let Judges Be Judges." And Jeff Keating has an essay entitled "K2695's Big Jury Adventure, Part II." Finally for now, Samuel G. Freedman has an op-ed in USA Today entitled "Gay marriages open gate to social stability." Posted at 22:41 by Howard Bashman "Justice Department Clears Oct. 7 Recall Election": The Associated Press provides this news from California. Posted at 22:27 by Howard Bashman "Thompson Denies Moore's Request To Keep Monument; Moore Sought To Delay Removal Until Case Heard By Supreme Court": NBC-13 from Birmingham, Alabama provides this coverage. You can access today's ruling of the U.S. District Court for the Middle District of Alabama at this link. Posted at 20:25 by Howard Bashman "Judge Considers Calif. Recall Delay Push": The Associated Press offers this report. Posted at 20:00 by Howard Bashman Some quite wonderful news relating to this Web log's monthly "20 questions for the appellate judge" feature: Senior Eighth Circuit Judge Richard S. Arnold will be the November 2003 interviewee. Posted at 19:44 by Howard Bashman Dissenting Fifth Circuit judge identifies another potential candidate for rehearing en banc: Today a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit reversed the drug possession conviction of an individual arrested during a traffic stop. The majority's opinion begins: Defendant-appellant Reginald Brigham appeals the district court's denial of his motion to suppress codeine seized during a routine traffic stop from the rental car he was driving. He contends that the investigating officer subjected him to a prolonged detention in violation of his Fourth Amendment rights, which tainted the officer's subsequent consensual search. Because we agree that Brigham was unlawfully detained, we reverse the district court and remand for entry of judgment of acquittal.Circuit Judge Edith H. Jones dissents in an opinion that concludes: I suggest that the reasoning of the Seventh Circuit in Childs more correctly applies Fourth Amendment reasonableness principles to individual traffic stops. As the court noted:You can access the complete ruling at this link. Posted at 19:33 by Howard BashmanQuestions that hold potential for detecting crime, yet create little or no inconvenience, do not turn reasonable detention into unreasonable detention. They do not signal or facilitate oppressive police tactics that may burden the public--for all suspects (even the guilty ones) may protect themselves fully by declining to answer. Nor do the questions forcibly invade any privacy interest or extract information without the suspects' consent.Childs, 277 F.3d at 954. In short, I believe this case is wrongly decided under Dortch, Jones, and Santiago. Alternately, that line of cases is incorrect and should be reconsidered by our court en banc. Fifth Circuit grants rehearing en banc to address important question of waiver of state sovereign immunity in exchange for receipt of federal funds: It is well-established that a State may validly waive its sovereign immunity in exchange for participating in a federally-funded program where the availability of funding is conditioned on such a waiver. The U.S. Court of Appeals for the Fifth Circuit, however, in a series of recent cases (see here and here, for example) has ruled that such a waiver in exchange for funding does not occur if the State had reasonably (but mistakenly) believed that Congress had already abrogated state sovereign immunity via legislation under Section 5 of the Fourteenth Amendment. Thus, if a State reasonably believed it had no sovereign immunity remaining to waive, the acceptance of funds by itself would not work a waiver if later it turns out that Congress lacked the power under Section 5 of the Fourteenth Amendment to abrogate the State's sovereign immunity. The Fifth Circuit's approach is at a minimum very clever. Whether it will survive en banc review remains to be seen. You can access last week's order granting rehearing en banc (posted online today) at this link. As noted in my post here from July 22, 2003, today's order is the second case that the Fifth Circuit has taken en banc that presents this question. It would only be speculation to discuss why the Fifth Circuit would take two cases en banc that presented such similar issues. It is noteworthy, however, that Circuit Judge Edith Brown Clement was recused from the first case to go en banc, leaving fourteen judges to decide that case and giving rise to the possibility of an evenly divided court. In the case that just went en banc last week, Judge Clement is not recused, and fifteen judges are set to decide that case en banc. Posted at 19:06 by Howard Bashman U.S. Court of Appeals for the Third Circuit reverses injunction prohibiting public disclosure of sex offenders' home addresses: The decision issued today is a win for New Jersey's Internet registry in connection with that State's Megan's Law. Posted at 17:24 by Howard Bashman What happens after a criminal defendant who assents to a joint-defense agreement then decides to plead guilty and testify against his co-defendant? Today the U.S. Court of Appeals for the Eleventh Circuit issued an interesting opinion addressing that question. The opinion concludes: We hold that when each party to a joint defense agreement is represented by his own attorney, and when communications by one co-defendant are made to the attorneys of other co-defendants, such communications do not get the benefit of the attorney-client privilege in the event that the co-defendant decides to testify on behalf of the government in exchange for a reduced sentence. The district court's error prevented the introduction of crucial evidence that would have significantly undermined the credibility of three of the Government's key witnesses. There is a reasonable possibility that the jury would not have convicted Almeida but for the district court's erroneous exclusionary ruling. The error was not harmless, and Almeida's conviction is therefore VACATED and the case is REMANDED for a new trial.You can access the complete ruling at this link. Posted at 17:00 by Howard Bashman "Verdict on lawyer ads is don't mislead": This editorial appears today in The Indianapolis Star. Posted at 16:40 by Howard Bashman "Majority Favors Law Against Gay Marriage": The Associated Press has this report. And The American Enterprise Institute offers additional survey data here on a page entitled "Attitudes about Homosexuality." Posted at 15:55 by Howard Bashman Learn all about Law Professor Lawrence Solum of the "Legal Theory Blog": Here, via "Crescat Sententia." Posted at 15:46 by Howard Bashman "Protesters at U.S. courthouse back display of Ten Commandments": The San Antonio Express-News reports here that "Some 30 people gathered today in front of San Antonio's federal courthouse in support of an Alabama judge's efforts to recognize the Ten Commandments as the 'moral foundation of law.'" Posted at 15:27 by Howard Bashman How to have a better recall election next time: Law Professor Rick Hasen explains in an op-ed you can access via this link. Posted at 14:31 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Judge to Hear Calif. Recall Delay Request"; here "Defense Request Denied in Sniper Case"; here "Muslim Charity Leader Sentenced to Prison"; and here "Judge Bans Cameras at Peterson Hearing." Posted at 14:04 by Howard Bashman Fake drug checkpoint produces real drug arrests: On Friday of last week, The Denver Post reported here that "Colorado law enforcement officers can use fake or 'ruse' checkpoints to ferret out drug dealers and drug users, the Colorado Court of Appeals ruled Thursday, even though real drug checkpoints are unconstitutional." You can access last week's ruling of the Colorado Court of Appeals at this link. In other coverage, Friday's edition of The Rocky Mountain News contained an article headlined "'Drug check' on signpost up ahead? It's white-lie zone; But police ploy legal, appeals court rules." The Associated Press reported here that "Colorado OKs Fake Checkpoints for Drugs." The Denver Post today contains an editorial entitled "It's legal because it's phony." And today's edition of The Durango Herald contains an editorial entitled "Fake checkpoints: Not best use of scarce law-enforcement resource." This practice has also recently been in the news in Indiana. Back on August 7th, The Indianapolis Star reported here that "Officials use threat of I-65 checkpoints in drug fight." The very next day, that newspaper published an article headlined "Checkpoints phony, but arrests real; Ruse targets drugs, raises legal questions." And then on August 11th, the newspaper reported that "Marion County Sheriff Frank Anderson has halted any more phony checkpoints on interstate highways until he reviews their effectiveness." Update: Fritz Schranck of the "Sneaking Suspicions" blog had this post last October about fake drug checkpoints. Coincidentally, the date of Fritz's post was my 38th birthday. Posted at 12:08 by Howard Bashman Law Professor Jeff Cooper remembers Second Circuit Judge Fred I. Parker: Details here. Posted at 09:51 by Howard Bashman This morning's Ten Commandments news and commentary: The Birmingham News reports here that "Rabbi tells Moore Jews support display." And an editorial is entitled "Truth and consequences: Moore faces ethics complaint for defying court order." Elsewhere, The Ledger of Lakeland, Florida contains an editorial entitled "Continuing an Alabama Tradition." Posted at 09:34 by Howard Bashman "20 questions for the appellate judge" update: New installments of this Web log's very popular monthly feature "20 questions for the appellate judge" traditionally appear online here on the first Monday of each month. Because the first Monday in September 2003 is the Labor Day holiday, the September 2003 interview will appear on Tuesday, September 2, 2003. Judge William Curtis Bryson of the U.S. Court of Appeals for the Federal Circuit is September's interviewee. And Eleventh Circuit Judge Stanley F. Birch, Jr. will be the October 2003 interviewee. As always, I am looking for additional federal and state court appellate judges to participate in the "20 questions" feature in the months ahead. To participate, all that a federal or state court appellate judge needs to do is volunteer via email. The first volunteer will be the November 2003 interviewee, and the months that follow will be assigned on a first come, first served basis. Posted at 09:01 by Howard Bashman "Judges often in the eye of storm: Many threats are made, few are carried out. Hearing set for landlord charged in scheme." The Detroit News today contains this report. Posted at 08:56 by Howard Bashman "Justice and mercy": Debra Saunders has this essay online at Town Hall. Posted at 08:50 by Howard Bashman "'We Will Not Give In': Purdue fights Oxy suits tooth-and-nail -- and wins." This article appears today in The Lexington Herald-Leader. (A bunch of related links can be found at the bottom of this page.) Posted at 08:48 by Howard Bashman In Monday's newspapers: In The New York Times, Neil A. Lewis reports that "Medical Establishment Hopes to Thwart Residents' Lawsuit." In other news, "Inmates Are Free to Practice Black Supremacist Religion, Judge Rules." An article reports that "Where Parties Select Judges, Donor List Is a Court Roll Call." And Adam Cohen has an "Editorial Observer" column entitled "Cheering on the March of Constitutional Progress for as Long as It Lasts." A front page article in The Washington Post bears the headline "Patient Privacy Rules Bring Wide Confusion; New Directives Often Misunderstood." And The Christian Science Monitor reports here that "US notches world's highest incarceration rate; A report highlights extent to which many citizens have served time in prison." Posted at 08:27 by Howard Bashman "Scalia Addresses Colorado Telecom Summit": The Associated Press provides this report. Posted at 05:47 by Howard Bashman Sunday, August 17, 2003
"Exclusive: Ashcroft’s Campaign to Shore Up the Patriot Act." The August 25, 2003 issue of Newsweek contains this report.
Posted at 22:59 by Howard Bashman
"Davis to OK rights for same-sex couples; No position yet from top GOP recall rival": Bob Egelko has this article in today's edition of The San Francisco Chronicle. And The Sacramento Bee today contains an article headlined "Davis: I'll sign gay rights bill; The domestic partners measure awaits Senate action this week." Posted at 22:40 by Howard Bashman "Other molesters to follow DeVries; 432 'sexually violent predators' have already served prison terms": This article appears today in The San Francisco Chronicle. Posted at 22:39 by Howard Bashman "Separating church and statehouse a task of biblical proportions": The Associated Press offers this report from Harrisburg, Pennsylvania. Posted at 22:37 by Howard Bashman "With this ring": This lengthy article about gay marriage appears in today's edition of The Philadelphia Inquirer. Posted at 22:36 by Howard Bashman Elsewhere in Sunday's newspapers: The Los Angeles Times reports here that "Davis Would Sign Domestic Partners Bill; The legislation would extend most of the legal rights of marriage to gays and lesbians. Critics say the governor is seeking votes." An editorial entitled "A Misdirected Attack" argues against one particular threatened filibuster. And an op-ed by Barry Tarlow is entitled "Rape Suspects' Uphill Road." The Boston Globe reports here that "Virginia city braces for sniper trial; Chesapeake plays reluctant host to media invasion." An editorial is entitled "Trying to parse death." And an op-ed by Lester Grinspoon is entitled "The shifting medical view on marijuana." Finally for now, David Davenport has an op-ed in The Washington Times entitled "Stretching an elusive wall." Posted at 22:20 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Report: 5.6M Have 'Prison Experience'"; here "Marine Punished in Military Credit Case"; and here "Jury to Be Chosen for Post-9/11 Shooting." Posted at 22:10 by Howard Bashman "Freed from prison, Amrine now speaks against death penalty": This article appears in today's edition of The St. Louis Post-Dispatch. Posted at 12:42 by Howard Bashman "Lawyers air views on 'blogs'; Del. attorneys catch newest tech trend": Today's issue of The News Journal contains this report. In other blogging-related news, The Register offers a report entitled "Webloggers deal Harvard blog-bores a black eye." Update: John Palfrey responds to The Register's report in a blog post you can access here. Posted at 10:48 by Howard Bashman "The Point of Departures: Just sentences require judicial discretion." Jacob Sullum has this essay online at Reason. Posted at 10:40 by Howard Bashman In Sunday's newspapers: The Washington Post contains an article headlined "Law Clerk Can File Away This Experience Under Memorable." An article reports that "Alabama Tied in Knots by Tax Vote; Riley Stuns GOP by Stumping for Hike." In other news, "Family Values Groups Gear Up for Battle Over Gay Marriage." An article reports that "The Tax Protesters' Refrain Works for Once." A front page article is headlined "Loudoun Landowners Battle Building Curbs; Flurry of Lawsuits Viewed as Backlash." And an op-ed by Tom McNichol is entitled "Those Dirty Low-Down Downloads." Finally for now, The New York Times publishes letters to the editor under the heading "Harsh Justice Puts Lives in the Balance." Posted at 10:30 by Howard Bashman "The teen, an alderman and Ten Commandments: The young man's letter questioning a stone monument in a city park prompts a tempest of biblical proportions." This article appears in today's issue of The St. Petersburg Times. Posted at 09:06 by Howard Bashman In news from Alabama: Today's edition of The Montgomery Advertiser reports here that "Thousands rally for Commandments," here that "Geography no limit to faithful," here that "Peace reigns at Moore rally," and here that "Thousands throng to display." And James Evans has an op-ed entitled "Why Riley's, Moore's actions greatly different." Montgomery, Alabama's NBC affiliate, WSFA-12, provides links to audio of the major speeches delivered at yesterday's rally. And you can access here a photo gallery. Today's issue of The Birmingham News contains an article entitled "Capitol rally." Earlier in the week it published an editorial entitled "Moore's mission: Chief justice must take high road on Commandments." Today's edition of The Huntsville Times contains an article headlined "At state's Capitol, a parade of patriotism, prayer, song." And The Tuscaloosa News reports here that "Thousands rally to back Moore; Commandments' fight draws nationwide support." Posted at 08:58 by Howard Bashman Saturday, August 16, 2003
Elsewhere in Saturday's newspapers: The Los Angeles Times reports here that "Traffic Court Gets Its Man: Figure in Anthrax Inquiry. The FBI trailed Steven Hatfill, but D.C. police brought him to justice in a $5 pedestrian case." In other news, "U.S. Judge May Put Recall Vote on Hold." A related article reports that "Judge Is No Stranger to Controversy; He has been involved in cases involving medical marijuana and Nazi memorabilia." In other news from California, "$19 Million for Luster Rape Victim; Judge says the large amount reflects the 'perverse' crime and hopes it serves as a deterrent against similar drug-assisted assaults." An article reports that "Public Excluded From Judge's Pretrial Hearing; A jurist decides that airing potential evidence might make it impossible to find a fair jury. Two newspapers protest the ruling." From Los Angeles comes news that "Actor Convicted of Abusing Girlfriend; Tom Sizemore faces up to four years in jail for domestic violence and criminal threats against former 'Hollywood Madam' Heidi Fleiss." And an article reports that "Former First Lady Fails to Appear for Deposition Ordered by Court."
The Washington Times reports here that "Anthrax-probe figure loses ticket fight Hatfill was issued." And in other local news, "Sniper defense charges denied." Finally, The Boston Globe reports here that "Top court lets town take gift from firm; Lower court had barred $8m offer in rezoning." Posted at 23:16 by Howard Bashman In news from Washington State: The Seattle Times reports here that "Judicial panel reprimands Bridge for 'callous' actions." And The Seattle Post-Intelligencer reports here that "Commission reprimands court justice; Bobbe Bridge will stay on bench despite drunken driving arrest." Posted at 16:33 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Crowd Supports 'Ten Commandments' Judge"; here "Judicial Panel Reprimands State Justice"; and here "Abortion Opponent Opposes Gay Marriages." Posted at 16:30 by Howard Bashman "Learning History, the Easy Way in Philadelphia": New York Times reporter Linda Greenhouse and her daughter recently visited the National Constitution Center. Access the details here. My write-up of the visit that I and my family made to the NCC last month can be accessed at this link. Posted at 15:10 by Howard Bashman In Saturday's newspapers: The New York Times reports here that "Illinois Judge Again Orders Philip Morris to Pay $12 Billion Bond." An article reports that "Lawsuit Opposes Expansion of School for Gay Students." In other news, "Tax Protester Faces Justice Dept." And an article reports that "Libya Admits Culpability in Crash of Pan Am Plane." The Washington Post reports here that "Scientist Loses Latest Round; 'Person of Interest' In Anthrax Case Fined in Traffic Tiff." In other local news, "Prosecutors Hope to Quote Dead Witness; Testimony on Gang Would Violate Murder Suspect's Rights, Defense Says." And in international news, "Libya Takes Blame for Lockerbie Bombing; Letter About Flight 103 Is Bid to Lift Sanctions." Posted at 10:10 by Howard Bashman Idi Amin: Dead. (And this news just in, "Generallissimo Francisco Franco is still dead.") Posted at 09:57 by Howard Bashman In news from Alabama: The Montgomery Advertiser reports here that "Moore asks top court to save display" and here that "Atheists plan counter rally; Ten Commandments debate brings opposing factions to Capital City." A related editorial is entitled "Defying order indefensible." And The Times Daily reports here that "Keyes decries moral decay as root of crisis in America." Posted at 09:42 by Howard Bashman "4 school districts can't force Pledge. Ban temporary; hearing set Friday." This article appears in today's edition of The Denver Post. Posted at 09:34 by Howard Bashman Paid $435,000 for looking at Internet porn: The Minneapolis Star Tribune today reports that "12 Minneapolis librarians settle Internet porn case." Posted at 09:29 by Howard Bashman Friday, August 15, 2003
Elsewhere in Friday's newspapers: The Los Angeles Times today contains an article headlined "Defiance Over the Ten Commandments; Alabama's chief justice has 'no intention' of removing monument, despite judge's order." An article reports that "Racial Data Measure May Be a Wild Card in Election; Few candidates have weighed in on Prop. 54, though Davis has voiced opposition. Analysts are divided on how it will affect the recall vote." And in related news, "Absolutely No Bustamante-Connerly Ties -- Anymore."
The Boston Globe reports here that "Conviction of ex-agent upheld; Connolly played role in mob, court rules." The Washington Times reports here that "Muhammad defense seek evidence turnover." In other news, "Fox, Franken tiff goes national." And Paul Craig Roberts has an op-ed entitled "Turning lawyers into spies." Finally, USA Today contains an editorial entitled "Hold lawyers accountable in corporate fraud scandals." Newly-installed American Bar Association President Dennis W. Archer responds in an op-ed entitled "Lawyers don't police firms." Posted at 22:53 by Howard Bashman "Judge Could Delay Calif. Recall Election": David Kravets of The Associated Press offers this coverage. And Law Professor Rick Hasen's "Election Law" blog provides even more details. Posted at 22:30 by Howard Bashman "Judge Blocks Colo. Pledge of Allegiance": The Associated Press provides this report. And you can access the complaint that the ACLU filed in the case at this link. Posted at 22:28 by Howard Bashman "Ten Commandments Fight May Head to D.C.": Gina Holland of The Associated Press has this report. Posted at 19:05 by Howard Bashman United States of America v. Kenneth Cole: In an opinion issued today, the U.S. District Court for the District of Columbia rejected the argument that the Second Amendment prohibits the federal government from making it a crime for all convicted felons to possess a firearm. Presumably the defendant was not this Kenneth Cole. Posted at 15:22 by Howard Bashman U.S. Court of Appeals for the Third Circuit offers blackout-related extension of filing deadlines: Details are available here. Just one more reason I'm proud to be based in the Third Circuit -- it's quite a decent place to practice law. I'm sure that every other federal appellate court would be equally as accommodating, but the Third Circuit has made it as easy as possible for attorneys to avail themselves of the extension. Posted at 15:12 by Howard Bashman "Yes, there is a word for lawyers who blog": The Beaumont Enterprise published this article on August 2, 2003. (Thanks to Gary O'Connor for emailing the link.) The article's statement that "there are no Beaumont blawgers" may have been true on August 2d but is no longer true today. Posted at 14:38 by Howard Bashman "US judge defends 'holy rock'": BBC News provides this report. And The Associated Press reports here that "Ala. AG Won't Help Judge in Federal Fight." Posted at 14:07 by Howard Bashman "Powerless": The front page headline of this morning's edition of The Detroit Free Press, as shown here (PDF), surely sums up how many in the east and midwest are feeling this morning. The New York Times is reporting as of 6:15 a.m. that power has yet to be restored to most of Manhattan and that subway service may not be restored until this afternoon at the earliest. Update: Additional newspaper front page images can be accessed here courtesy of the Newseum. Posted at 06:54 by Howard Bashman This morning's Ten Commandments news: From Alabama, The Montgomery Advertiser reports here that "Moore won't move display" and here that "Moore's decision isn't a surprise." Jan Crawford Greenburg of The Chicago Tribune reports here that "Alabama justice won't obey order; Commandments monument will stay." The Washington Times reports here that "Judge keeps Ten Commandments." The Tuscaloosa News reports here that "Moore defies court order, won't pull Commandments monument." The Times Daily reports here that "Moore will defy order to remove monument." The Associated Press reports here that "Ethics complaint filed over 10 Commandments monument." And The Crimson White reports here that "Moore says he won't remove Ten Commandments monument; Alabama chief justice appealing to Supreme Court; plaintiff files ethics complaint." Finally for now, in news from Wisconsin, The La Crosse Tribune reports here that "Council's vote extends battle for Commandments." Posted at 06:51 by Howard Bashman In Friday's newspapers: The Washington Post reports here that "Ethics Probe Opened on Interior Dept. Lawyer; Environmental Groups Allege Conflicts of Interest." The attorney who is the subject of this ethics probe also happens to be a nominee to serve on the U.S. Court of Appeals for the Ninth Circuit. In other news, "Alabama's Chief Justice Defies Court Order; Moore Refuses to Remove Ten Commandments Monument from State Building." In local news, "Theories Spur Evidence Fight In Sniper Trials." In other local news, "Lentz Judge Seeks Probe Of Banned Evidence; Inadmissible Items Seen By Va. Kidnapping Jury." In business news, "IRS Case Tests Attorney-Client Privilege." An obituary bears the headline "Edward S. Northrop, Md.; Senator And Chief Federal Judge, Dies at 92." And Frank O. Bowman III has an op-ed entitled "When Sentences Don't Make Sense." OpinionJournal offers an editorial entitled "Out Foxed: A lawsuit against Al Franken isn't very fair and balanced." Finally, The New York Times contains a letter to the editor that appears under the heading "God and Justice." Posted at 06:25 by Howard Bashman Thursday, August 14, 2003
"Plaintiffs Face Hurdles Proving Liability": Adam Liptak of The New York Times is already thinking about the lawsuits today's blackout is likely to trigger. Read his article here.
Posted at 23:24 by Howard Bashman
Available online at law.com: An article reports "9th Circuit Says McKesson Can't Sue Shareholders." In news from the Eleventh Circuit, "Sanctions Against Lawyers in Air Crash Suits Tossed Out." An article reports that "Texas Supremes Deny Republicans' Mandamus Writ." Shannon P. Duffy has an article headlined "3rd Circuit: Extension of 'Batson' Valid Approach; Circuit finds Pa. high court used precedent correctly." From New York comes a report that "EEOC Asks Boies Schiller to Codify Tracks, Pay." And in news from Texas, "Lawyer Life After 'Lawrence'; Gay and lesbian attorneys pleased with the profession's progress when it comes to acceptance -- but prejudice lingers." Posted at 23:11 by Howard Bashman Today's FindLaw columnists: Julie Hilden has an essay entitled "Do Americans Have a First Amendment Right to Become 'Human Shields' and to Criticize Their Government? The Case of Faith Fippinger." And D. Mark Jackson has an essay entitled "Why the First Amendment Protects a New England Dairy's Right to Use a Milk Label Proclaiming Its Product To Be Growth-Hormone-Free." Posted at 22:57 by Howard Bashman In today's edition of The Los Angeles Times: An article reports that "Davis Has Appointed Cluster of Judges Since Recall Qualified for the Ballot." In somewhat related news, "Court Dates Approach for Challenges to Recall; Strongest suits may be those that say balloting problems could violate the Voting Rights Act. But experts downplay the chances of success." In other news, "Consumer Fights Subpoena Seeking File Sharers' Names." And in local news, "L.A. Strip Club Permit Revoked Over School; City OKd nude venue even as a new campus was being planned across the street." Posted at 22:52 by Howard Bashman "Federal court rejects 'Star Trek' star's claim against Matchmaker.com": The Associated Press provides this report. Posted at 22:49 by Howard Bashman Alabama Governor Bob Riley issues a statement on Ten Commandments monument controversy: You can access the statement here. Posted at 19:10 by Howard Bashman "Ex-FBI Agent's Appeal Rejected in Mob Case": The Associated Press has this report. Posted at 19:09 by Howard Bashman Eleventh Circuit affirms dismissal of RICO action brought by foreign nations against "Big Tobacco" alleging schemes to avoid those sovereigns' tax laws: You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. Posted at 17:12 by Howard Bashman "Major Blackout Hits U.S., Canada": CBS News has this report. And here's a report entitled "Outage Blacks Out Cities From New York To Detroit; New York, Detroit, Cleveland, Toronto, Hartford Affected; Cause Unclear." Boston and Rochester, NY also are affected. Here in Philadelphia, so far, so good. Posted at 16:47 by Howard Bashman U.S. Court of Appeals for the First Circuit affirms criminal conviction and sentence of former FBI agent John J. Connolly, Jr.: You can access today's ruling at this link. Additional background about the case is available here from The Associated Press. Posted at 16:21 by Howard Bashman Hear it for yourself: Montgomery, Alabama's NBC affiliate WSFA-12 provides a link here to an audio file containing Chief Justice Roy S. Moore's announcement this afternoon. (Thanks much to the reader who emailed this link to me.) Update: MSNBC offers a video report via this link, although the moderator is a bit confused on her facts, stating that the case involves "a placard" located behind Chief Justice Moore's desk. Posted at 15:50 by Howard Bashman Alabama Attorney General Bill Pryor's statement on Chief Justice Roy S. Moore's announcement that Moore will disobey a federal court's order to remove the Ten Commandments monument: You can access Attorney General Pryor's statement here. (Via "Southern Appeal.") Posted at 15:34 by Howard Bashman "Ala. justice won't remove 10 Commandments monument": The Associated Press offers this coverage. Posted at 15:07 by Howard Bashman "Moore Refuses To Remove Ten Commandments Monument; Chief Justice To Appeal To U.S. Supreme Court": Alabama's nbc13 news provides this report. Posted at 15:04 by Howard Bashman Would prosecutors violate Batson by striking jurors of Italian-American origin? Possibly not, this opinion, which the U.S. Court of Appeals for the Third Circuit issued today, suggests. Posted at 15:03 by Howard Bashman Alabama Chief Justice Roy S. Moore announces that he will not remove the Ten Commandments monument from the Alabama Judicial Building: This news comes from the Alabama Radio Network. More coverage when it becomes available. Posted at 14:50 by Howard Bashman "Justice Moore to Announce Ten Commandments Decision": A live announcement is expected to occur just minutes from now. Stay tuned for complete coverage. Posted at 14:28 by Howard Bashman "Don't Use Those Words: Fox News Owns Them": Law Professor Jack M. Balkin has this op-ed today in The Los Angeles Times. Posted at 14:00 by Howard Bashman "Bid to Close Peterson Hearing Is Denied": The Associated Press provides this report from Modesto, California. Posted at 13:51 by Howard Bashman "Wheelchair users win court ruling; Theaters must offer equal seating": Bob Egelko has this report today in The San Francisco Chronicle. Posted at 13:48 by Howard Bashman In news pertaining to the Ninth Circuit: Today The Metropolitan News-Enterprise reports here that "En Banc Review Granted in Habeas Case Involving Testimony by Judge" and here that "Movie Theaters May Not Relegate Wheelchair Patrons to Front." Posted at 13:46 by Howard Bashman Senior Ninth Circuit Judge Ferdinand F. Fernandez, dissenting: This ruling would probably be worthy of mention in any event, but the second to last paragraph of Judge Fernandez's dissent removes any doubt: Again, this creation of an intracircuit split is obscured with a fuliginous cloud made up of the conceit that the attorney here (allegedly unlike the attorneys in Estate of Bishop and Cabrera) is truly a party. It comes as no surprise to me that the legal mind is perfectly capable of reaching a result by declaring a non-party to be a party, just as it can declare a pony to be a small bird. See Regina v. Ojibway, 8 Crim. L.Q. 137 (Oct. 1965). While I am often taken by, sometimes even filled with admiration for, manifestations of scholastic mental agility, I think that agility is frequently misdirected. It is here.You can access the complete decision that the U.S. Court of Appeals for the Ninth Circuit issued today at this link. Posted at 13:27 by Howard Bashman "Ashcroft tour to hit Detroit": So reports today's edition of The Detroit News. And a related article bears the headline "Is a political motive behind Ashcroft tour? Civil rights groups say lawsuit, '04 race prompts his trip." Posted at 12:53 by Howard Bashman "Student, school at odds on mascot": This article appears in today's issue of The Cincinnati Enquirer. Posted at 12:51 by Howard Bashman Federal jury in Detroit imposes sentence of life imprisonment instead of death penalty: The Associated Press provides this report. Posted at 12:49 by Howard Bashman Give it the scholarly treatment: Anyone who found interesting my August 2003 appellate column entitled "Legislature Battles Court Over How Statutes Should Be Construed" (and apparently such people do exist, if all the emails I've been receiving are any indication) should be sure to take a look at the following law review article: Nicholas Quinn Rosenkranz, Federal Rules of Statutory Interpretation, 115 Harv. L. Rev. 2085 (2002). You can access an abstract of the article here, via the Harvard Law Review's Web site. Posted at 12:34 by Howard Bashman Eighth Circuit rules that exhaustion requirements of federal Prison Litigation Reform Act do not apply to person confined under civil commitment order: You can access today's per curiam precedential decision of the U.S. Court of Appeals for the Eighth Circuit at this link. Posted at 12:18 by Howard Bashman In news from Altoona, Pennsylvania: The Altoona Mirror reports here that "City to rehang Commandments." Additional details are available in this report from The Associated Press. Posted at 11:36 by Howard Bashman Congress's revocation of a statutory grant of largesse is not a taking of a specie of property: See this very interesting decision that the U.S. Court of Federal Claims issued on Monday of this week rejecting a claim by federal government workers that "the Takings Clause was violated by a congressional amendment to the FLSA's statute of limitations, which was applied to them retroactively and denied them their alleged entitlement to overtime compensation." Posted at 10:36 by Howard Bashman "Legislature Battles Court Over How Statutes Should Be Construed": My August 2003 appellate column, published this past Monday in The Legal Intelligencer, is now available online here. Posted at 09:50 by Howard Bashman FOX News vs. Al Franken: Thanks to FindLaw, you can access the complaint initiating suit here. Apparently it's time for another "Al Franken Decade." Posted at 09:48 by Howard Bashman "Pol sues city over gay HS": This article appears today in The New York Daily News. Posted at 09:44 by Howard Bashman Decalogue blog: The Philadelphia Inquirer today reports that "Appeals court rejects Ten Commandments challenge; This opens to the way to a possible case before the Supreme Court over the Chesco courthouse plaque." And The Daily Local News of West Chester, Pennsylvania reports today that "Plaque ruling stands for now." Today's issue of The La Cross Tribune reports here that "La Crosse mayor vetoes monument appeal" and here that "Religious, community leaders sign letter opposing appeal." Also, you can access here the "Veto letter from Mayor Medinger to Common Council." The Tuscaloosa News today reports here that "Moore's dispute puts Pryor in hot seat." And The Montgomery Advertiser today contains an article headlined "'Monumental' showdown." The Richmond Times-Dispatch contains an article headlined "U.S. Focus: Church-State Issue; Commandments battles proliferate." USA Today contains an editorial entitled "Alabama monument mocks Supreme Court's authority." An opposing op-ed by Rev. Rob Schenck is entitled "U.S. answers to higher law." Posted at 06:54 by Howard Bashman "Court split, won't revisit prayer case; Kilgore to request intervention from U.S. Supreme Court in VMI case": Today's edition of The Roanoke Times contains this report. And The Richmond Times-Dispatch reports here that "VMI case won't be reheard; 4th Circuit split in prayer vote." Posted at 06:39 by Howard Bashman In Thursday's newspapers: A front page article in The Washington Post reports that "Majority Against Blessing Gay Unions; 60% in Poll Oppose Episcopal Decision." Additional poll data can be accessed here. In other news, "Federal Court Upholds Its Ban on VMI Prayers." And an editorial is entitled "Policing Human Rights." In The New York Times, an obituary bears the headline "Judge Fred I. Parker, Who Served on the Second Circuit, Dies at 65." An article reports that "Court Upholds Alaska Limits on Soft Money in State Races." And Adam Liptak reports that "U.S. May Fine Some Who Shielded Iraq Sites." Posted at 06:37 by Howard Bashman "Parker, federal judge, dies at 65": The Associated Press offers this obituary for Second Circuit Judge Fred I. Parker. Posted at 00:26 by Howard Bashman Wednesday, August 13, 2003
"My Big Fattening Greek Salad: Are french fries the new Marlboros?" Dahlia Lithwick's latest essay is available here, via Slate.
Posted at 18:46 by Howard Bashman
Even more Ten Commandments news: The La Crosse Tribune reports here that "Mayor vetoes Ten Commandments appeal." From Alabama comes news that "Rev. Falwell, Keyes Scheduled to Speak at Ten Commandments Rally." An editorial in today's edition of The Mobile Register is entitled "Justice Moore should obey federal court." And a somewhat related editorial in that same newspaper is entitled "A briar patch for Pryor?" The Montgomery Independent reports here that "Senior justice Gorman Houston would replace Roy Moore if he is suspended by State JIC." Finally for now, The Daily Herald of Everett, Washington reports today that "Council backs monument." Posted at 18:45 by Howard Bashman "Court refuses to review ruling striking down VMI prayers": The Associated Press has this report. Posted at 18:39 by Howard Bashman "La Crosse will appeal Ten Commandments ruling": Minnesota Public Radio today provides this report. Posted at 17:51 by Howard Bashman Stay of Federal Communications Commission media consolidation order sought from U.S. Court of Appeals for the Third Circuit: You can access today's court filings via this link. Posted at 16:59 by Howard Bashman "Appeals court affirms soft money limits on political parties": The Associated Press today has this report from Alaska. One of the losing parties is quoted at the end of the article as stating "'The 9th Circuit is not known for its legal abilities,' Ross said. 'They have the highest overturn rate by the Supreme Court of any district.'" To which the Ninth Circuit likely will respond -- "Hey, we are not a district." Posted at 16:53 by Howard Bashman "Deportation hearing kept open": The Detroit News today contains this report. Posted at 16:42 by Howard Bashman "High court's new rule is out of bounds": Columnist Brian Dickerson has this essay in today's edition of The Detroit Free Press. I previously reported on this subject in a post you can access here. Posted at 16:39 by Howard Bashman "Rights groups try to delay recall over punch-card ballots": Bob Egelko has this article in today's issue of The San Francisco Chronicle. Posted at 16:31 by Howard Bashman Being on the receiving end of a cow's kick not worth $800,000, trial judge rules: The Herald-Citizen of Cookeville, Tennessee today provides this report. (Via "Obscure Store.") Posted at 15:44 by Howard Bashman "Let our judges judge": This editorial appears in today's issue of The Denver Post. (Via "Talk Left.") Posted at 15:39 by Howard Bashman "Confirm me, I'm soft on crime: A desperate conservative's latest gambit." Don't miss the current cover story online at Slate, featuring those words superimposed on a photograph of Fifth Circuit nominee Charles W. Pickering, Sr. -- and act now, it could be changed at any time. (Via "Greedy Clerks Board.") Posted at 15:37 by Howard Bashman U.S. Court of Appeals for the Fourth Circuit, by an evenly divided vote, denies rehearing en banc in Virginia Military Institute "supper prayer" case: The order entered today states, in pertinent part: A poll of the Court having been requested on the appellant's petition for rehearing en banc, Judges Widener, Wilkinson, Niemeyer, Luttig, Williams, and Shedd voted in favor thereof. Chief Judge Wilkins, along with Judges Michael, Motz, Traxler, King, and Gregory, voted against rehearing en banc. A majority of the active judges having failed to vote in favor of rehearing en banc, rehearing en banc is also hereby denied.Back on April 28, 2003, in a post you can access here, I provided the following coverage of the panel opinion issued in this case on that date: Fourth Circuit holds Virginia Military Institute's "supper prayer" violates First Amendment's Establishment Clause: You can access today's ruling by a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link. Hmm, next thing you know, VMI will have to admit women.The original three-judge panel consisted of only one Fourth Circuit judge in regular active service, which made it especially difficult to gauge whether rehearing en banc was or was not likely in this case. Posted at 15:02 by Howard Bashman Stadium seating in movie theaters from the perspective of the handicapped: This ruling that a divided Ninth Circuit panel issued today is certainly worth a look. According to the dissent, the ruling creates a circuit split given this earlier ruling of the U.S. Court of Appeals for the Fifth Circuit. Posted at 14:12 by Howard Bashman Ninth Circuit holds that McKesson HBOC cannot sue some of its own shareholders for unjust enrichment arising from a merger between McKesson and HBOC: Essentially, McKesson claimed that former HBOC shareholders were the beneficiaries of a windfall triggered by alleged accounting improprieties by HBOC. Today the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal of McKesson's claim, reasoning that "because of the importance of the corporate form and the policy justifications underlying the retention of limited liability for shareholders of a public company, McKesson may not maintain a claim for unjust enrichment against the former HBOC shareholders." You can access the complete opinion at this link. Posted at 13:35 by Howard Bashman "Davidson County will fight 'In God We Trust' lawsuit": The Associated Press has this report from North Carolina. Posted at 12:43 by Howard Bashman Ten Commandments news from Wisconsin: The La Crosse Tribune reports here today that "Council votes to appeal monument decision." And in related news, "Supporters stand behind decision." Posted at 11:28 by Howard Bashman Sad news from Vermont: The Burlington Free Press is reporting that "Judge Fred Parker of the 2nd U.S. Circuit Court of Appeals has died." You can access the official Federal Judicial Center biography for Second Circuit Judge Fred I. Parker at this link. Posted at 11:20 by Howard Bashman "Judge would be first Latino to sit on U.S. District Court bench": At least in the State of Washington, according to this article from today's issue of The Seattle Post-Intelligencer. Posted at 10:49 by Howard Bashman "Many federal judges, nominees have no prior judicial experience, study shows": This article appears in today's issue of The St. Louis Post-Dispatch. Posted at 06:58 by Howard Bashman Today's FindLaw columnists: Mark H. Allenbaugh has an essay entitled "The PROTECT Act's Sentencing Provisions, And the Attorney General's Controversial Memo: An Assault Against the Federal Courts." Sherry F. Colb has an essay entitled "John Doe Indictments in New York: An Opportunity to Examine Statutes of Limitations." And George Kanabe has an essay entitled "Why Judges and Juries Should Have Access to Complete Electronic Recordings of Police Interrogations: Following Illinois's Example." Posted at 06:52 by Howard Bashman In Wednesday's newspapers: The New York Times reports here that "Bail Is Denied for Pakistani Accused of Aiding Al Qaeda." In sports coverage, Harvey Araton's column today is entitled "Al Davis in Court? Beware, Oakland Taxpayers." One editorial is entitled "Judge Roy Moore's Lawless Battle," while another bears the title "Windfall Publicity for Al Franken's Book." And a letter to the editor appears under the heading "A Nominee's Beliefs." The Washington Post reports here that "Ashcroft Planning Trip to Defend Patriot Act." In other news, "Report Details GOP Bids For U.S. Aid in Tex. Fray; Justice Department Cites 1 Case of Federal Action." An article reports that "Bryant May Have Conflicting Courts; Colorado Trial Could Start in March." From my hometown comes a report that "Steak Raises Stakes for Kerry in Philly." And in business news, you can access here an article headlined "Not So Firm With Lawyers." The Christian Science Monitor reports here that "Attorneys face new rules on secrets; Discomfort with rules on confidentiality for corporate wrongdoers persuades the Bar Association to reform." In other news, "Year of reform puts corporations on notice; From courts to the boardroom, conduct of CEOs faces new scrutiny since Enron." Finally for now, an editorial is entitled "Client Confidentiality." Posted at 06:40 by Howard Bashman Tuesday, August 12, 2003
"Porn Pawns: The kings of smut escape while the feds cook up small fry like former Dallas cop Garry Ragsdale." This article appears in the August 7, 2003 issue of The Dallas Observer.
Posted at 23:18 by Howard Bashman
"Death Row inmate strikes rare plea deal": The Associated Press has this report from Texas. Final meal averted. Posted at 23:13 by Howard Bashman "Dimension Data wins $10 million order from federal courts": Washington Technology this evening reports that "Dimension Data Holdings plc won a five-year, $10 million contract for wide area network support and network management by the Administrative Office of the U.S. Courts, the company announced today." Posted at 23:11 by Howard Bashman Available online from law.com: Jason Hoppin reports that "ABA Delegates Take Stands on Race, Military Trials." And an article from Miami reports that "Denying Ties to Bin Laden, Florida Man Fights Deportation." Posted at 23:06 by Howard Bashman In recall election-related news: The Associated Press reports here that "Schwarzenegger films would trigger FCC equal time rule" (and ditto for "Diff'rent Strokes," but Father Guido Sarducci on cable supposedly would not trigger the provision). And you can access here an article headlined "ACLU follows recall lawsuit with request for restraining order." Posted at 23:02 by Howard Bashman Elsewhere in Tuesday's newspapers: The Los Angeles Times reports here that "Ruling on Religious Land Use Is on Hold." In other news, "Landlords Win Right to Stop Renting; Justices say a property can be taken off the market if residents are annoying. The decision could bring a drop in the number of units." From Glendale comes news that "City files for new trial in police case; Motions allege jury bias and misdeeds, and that it incorrectly calculated judgments. City also says original claims were inappropriately filed." And an article reports that "When Child Dies in Hot Car, Jail Rare; Safety experts say most fatalities occur when an adult forgets and leaves youngster in a vehicle. Police want UC Irvine professor to be charged." The Washington Times reports here that "Conservative groups align against tax rise in Alabama." In other news, "Gun backers claim momentum among state governments." The Associated Press has a report from Philadelphia that "Voodoo embeds in U.S." John Mallon has an op-ed entitled "Bias and judicial nominees." And William Niskanen has an op-ed entitled "Comparing U.S., EU Constitutions." Finally, USA Today reports here that "Election may even see 'hanging chads' encore." Posted at 22:32 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "House Judiciary to Investigate Judges." Gina Holland reports that "Court Urged to Reinstate Online Porn Law." Anne Gearan reports that "ABA Urges Changes in Military Tribunals." And in other news, you can access here an article entitled "Franken Makes Light of Fox Slogan Lawsuit"; here "Racist Fliers in Colo. Related to Bryant"; here "Texas GOP Senators Fine Absent Democrats"; here "Judge Refuses Bail in N.Y. Terror Case"; here "Sex Predator Out of California Hospital"; and here "Government Contractor Settles in Lawsuit." Posted at 22:15 by Howard Bashman Ten Commandments update: The Associated Press reports here that "Supreme Court Chief Justice Roy Moore will announce Thursday whether he plans to obey a federal court order and remove the Ten Commandments monument from the rotunda of the Alabama Judicial Building." And The Hill reports here on "New front in religious battle; Commandments to be protected in spending measure." Posted at 20:37 by Howard Bashman Law Professor Jack Bogdanski's blog has a new address: You can now access "Jack Bog's Blog" here. As they say in the biz, please adjust your links accordingly. Posted at 20:18 by Howard Bashman "Trial Ordered Over Ga. Voter Requirements": The Associated Press reports here on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday. Posted at 16:47 by Howard Bashman Fargo Ten Commandments: No, this isn't a blog post that tries to work in as many movie titles as possible. Rather, I'm writing to note that Lileks today offers a photograph of the Ten Commandments monument located on public land across from the Fargo, North Dakota City Hall. (Thanks to my colleague from down the hall for the link.) Lileks writes that "They'll be gone soon, I'm sure, and that will be a powerful message to all those Fargoans who've been tossing atheists on the bonfire every Sunday morning." Indeed, the monument has been the subject of controversy, as news reports here and here reveal. Posted at 15:57 by Howard Bashman "Major power outage hits Center City": Such is the news this afternoon here in Philadelphia, Pennsylvania. Fortunately for me, I'm located uptown from where the problem is. The U.S. Court of Appeals for the Third Circuit remains open for business, although the federal courthouse building has been affected somewhat by the outage. Posted at 14:52 by Howard Bashman "It's just not right to play the religion card in politics": Mary C. Curtis yesterday had this op-ed. Posted at 14:48 by Howard Bashman Decalogue blog: From Alabama, The AP reports here that "Pryor asked to repeal titles." And today's issue of The Montgomery Advertiser contains an editorial entitled "Did Moore plan confrontation?" From Wisconsin, The La Crosse Tribune reports here that "Eagles will fight to keep the monument in place"; here that "To appeal or not to appeal, that will be the question"; and here that "Opinions come from throughout nation." Finally for now, The Northeast Georgian reports here that "Commandment suit drops sheriff, Tench." Posted at 14:47 by Howard Bashman "Lawyers Allowed to Blow Whistle on CEOs": Anne Gearan of The Associated Press has this report. Posted at 14:29 by Howard Bashman En banc Ninth Circuit to consider lawfulness of sockeye salmon enhancement project in Alaska: Today's a big day for Alaska in the U.S. Court of Appeals for the Ninth Circuit. Not only has that federal appellate court reinstated a significant provision of Alaska's campaign finance law (see below), but today the Ninth Circuit also granted rehearing en banc in a case that presents the question whether the United States Fish and Wildlife Service violated the Wilderness Act when it decided to allow the Tustumena Lake salmon enhancement project to go forward in the Kenai National Wildlife Refuge. Back on January 13, 2003, a divided three-judge panel upheld the Service's decision over a spirited dissent by Senior Circuit Judge Betty B. Fletcher, in which she wrote that "the majority's ambiguity analysis is deeply flawed, and seeks to hold the English language to an unattainable standard of clarity -- particularly in the statutory context." You can access the original three-judge panel's ruling here. And you can access my previous coverage of that ruling here. Posted at 14:16 by Howard Bashman "Thus, the only disputed issue in this litigation was the cause of the 3.5 million oyster deaths, and the jury was ultimately presented with a murder mystery worthy of Hercule Poirot himself: who, or what, killed the oysters?" Circuit Judge Diarmuid F. O'Scannlain, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, issued this interesting decision today in a case arising out of an environmental disaster that occurred off of the Oregon coast in 1999. Posted at 13:59 by Howard Bashman In challenge to Alaska's campaign finance law, Ninth Circuit permits $5,000 limit on individual cash contributions to political parties but strikes down $5,000 limit on value of professional services contributed to such parties: You can access today's long-awaited ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 13:37 by Howard Bashman "Justice Dept. Cleared in Texas Feud": The Associated Press has this report. Posted at 13:10 by Howard Bashman Access online yesterday's ruling of the U.S. District Court for the District of Massachusetts refusing to declare the federal death penalty unconstitutional: It is available here (127-page PDF document). Thanks again to the reader who forwarded this along, and to the kind folks at SCOTUSblog for hosting the file. You can access Adam Liptak's report on the ruling, from today's issue of The New York Times, at this link. Posted at 11:22 by Howard Bashman "US judge rejects Sampson's challenge; Upholds death penalty law in the murder suspect's case": This article appears today in The Boston Globe. The ruling is not yet available online via the Web site of the U.S. District Court for the District of Massachusetts. If anyone has an electronic copy of the ruling, please email it to me. Immediate update: In the first few minutes after this post appeared, someone with a copy of the ruling has kindly sent it along to me. Thanks much to that reader! Posted at 10:56 by Howard Bashman In news from Detroit: The Detroit Free Press reports here that "A federal jury convicted a Detroit man Monday of first-degree murder in a case that could result in the first federal death sentence in eastern Michigan in 61 years." And The Detroit News reports here that "Death penalty case before jury; Detroiter found guilty of federal crime in drug-related murder and sale of cocaine." In other news from Michigan, The Free Press today reports that "Church in jeopardy of more suits; Bill would provide no time limit for alleged abuse victims to act." The Detroit News, meanwhile, reports that "Domestic abuse laws may toughen; Mich. Supreme Court might let prosecutors introduce evidence of past violence at trial." Finally, columnist Mike Wendland has an essay entitled "Internet services jumping on blogging bandwagon." Posted at 10:48 by Howard Bashman Advocating a Risen-able approach to judicial filibusters: Yesterday The New Republic posted online this essay by Clay Risen in which he argues that it's best for Democrats in the U.S. Senate to allow a vote on Eleventh Circuit nominee William H. Pryor, Jr. While I'm no fan of filibusters that prevent an up or down vote on a judicial nomination, I seriously doubt that any of the Democratic leaders in the Senate will find Risen's logic to be compelling. (Link to essay via "Southern Appeal." Posted at 10:38 by Howard Bashman "Archer leads U.S. bar association; Former Detroit mayor is first black to head 126-year-old national lawyers group": The Detroit News yesterday had this report. Posted at 10:12 by Howard Bashman "Cop killer will remain behind bars; After the widow of victim sues, judge stops parole of man set to be freed today." This article appears in today's issue of The Indianapolis Star. Posted at 10:04 by Howard Bashman "Kids lose appeal in mother's '64 death; Court rules justice in case not denied": The Florida Times-Union today contains this report. You can access yesterday's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. Posted at 10:01 by Howard Bashman "Gay groups criticize billboard firm for refusing ads": This article appears today in The Atlanta Journal-Constitution. Posted at 09:58 by Howard Bashman "Pataki ally: Schumer has anti-Catholic bias." The Associated Press has this report from Albany, New York. Posted at 09:54 by Howard Bashman "Ninth Circuit Nominee Narrowly Wins ABA Panel Approval": The Metropolitan News-Enterprise last Friday provided this report regarding Ninth Circuit nominee William Gerry Myers III. You can access all of the American Bar Association's recent ratings of federal judicial nominees at this link. Posted at 09:51 by Howard Bashman "ABA opens door for lawyers to tell; Rules favor stopping corporate fraud over client confidentiality": This report appears in today's edition of The San Francisco Chronicle. Posted at 09:46 by Howard Bashman The Associated Press is reporting: Anne Gearan reports that "Lawyers Eye Military Tribunal Rules." In other news, you can access here an article entitled "Microsoft to Appeal $520M Patent Ruling"; here "Jury Selection Begins in Polygamy Case"; and here "Actor Sizemore Doesn't Testify in Trial." Posted at 09:40 by Howard Bashman Available online at Town Hall: Thomas Sowell has an essay entitled "Easy justice." And Phyllis Schlafly asks "Can globalism amend our Constitution?" Posted at 07:03 by Howard Bashman Today's FindLaw columnist: Joanna Grossman has an essay entitled "Whose Surname Should a Child Have? A New York Court's Ruling Reinforces Sexist Traditions." Posted at 07:00 by Howard Bashman In Tuesday's newspapers: In addition to containing the items noted in the blog post immediately below this one, Tuesday's edition of The New York Times reports here that "Jury Acquits Pilot Who Questioned Liability for Income Tax." (The blog "Sophoristically Speaking" has more about this news story here.) An article reports that "Bar Association Eases Code on Client Secrets." In other news, "Sex-Discrimination Case Returns to Haunt a New York Law Firm." From Detroit comes news that "Automakers Drop Suits Over Clean-Air Regulation." In local news, "Bank Sues to Force Insurers to Declare Tower 9/11 Loss." In other local news, "Lawyers in Blackface Case Seek Punitive Damages From Giuliani." In entertainment-related news, "To Fox, 'Fair and Balanced' Doesn't Describe Al Franken." And letters to the editor appear under the heading "DNA Prosecutions." The Washington Post reports here that "Fairfax Opposes Malvo Bid For Funds; Prosecution Getting Some Federal Aid." An article reports that "Calif. Recall Poses Logistical Challenge; Multiple Ballots May Confuse Voters." In local news, "Kidnap Case Attorneys Say U.S. Possessed Evidence" and "Releasing Restaurant Receipt Not an Intrusion, Judge Rules." And in technology-related news, "Jury Finds Microsoft Infringed Patent" and "Ruling Prompts EBay To Revise Earnings." In The Christian Science Monitor, you can access here an article headlined "In Brooklyn, fixing a 'corrupt' court system; Series of judicial-bribery scandals may lead to changes in way judges are selected." Finally for now, OpinionJournal contains an op-ed by Brendan Miniter entitled "Another Plane? Was Moussaoui the 20th hijacker--or the 25th?" Posted at 06:32 by Howard Bashman In Tuesday's edition of The New York Times: Adam Liptak reports here that "U.S. Appellate Judges in Cincinnati Spar in Public" and here that "Signs Grow of Innocent People Being Executed, Judge Says." An article reports that "Deputy Attorney General Latest Departure From Justice Dept." In business news, "Jury Rules Against Microsoft in Patent Case." And an editorial is entitled "Justice Kennedy Speaks Out." Posted at 00:12 by Howard Bashman Monday, August 11, 2003
Available online at law.com: Jason Hoppin reports that "ABA Delegates OK Changes in Confidentiality." In somewhat related news, "Defense Offensive: ABA proposal challenges policies for military tribunals." An article reports that "Justice Post Leaves Deputy AG 'Drained'; Thompson's resignation takes effect at the end of August." From New York comes news that "EEOC Says Boies' Firm Discriminated Against Women." Shannon P. Duffy reports that "South Carolina High Court Hands Down Major Identity Theft Decision." In other news, "Morgan Lewis Tries to Fend Off Brobeck Fight."
From the Web site of Legal Times (free registration required), Tony Mauro has an article headlined "Stating Their Case: Lawyers with hopes of on appellate career are increasingly taking jobs as state solicitors." You can access here an article headlined "Advice and Dissent: Bush's top lawyers often don't see eye to eye on the most pressing legal issues of the day." Law Professor Jonathan Turley has an essay entitled ". . . 9, 10, 11 . . . 17, 18, 19: One justice wields too much power on today's Supreme Court. It's time to make the top bench much bigger." And Law Professor Stephen Lubet has an essay entitled "Who's the Real Winner? Elections for judges may be here to stay, but crass campaign promises must stop." Finally, Justice William W. Bedsworth's latest column -- which I'm happy to say is freely available with no need for registration -- is entitled "¡Ay Caramba, Taco Bell!" Posted at 23:45 by Howard Bashman Tonight's music selection: The acoustic version of "Counting Blue Cars," by Dishwalla (Real Player required). Posted at 23:26 by Howard Bashman Elsewhere in Monday's newspapers: The Washington Times reports here that "Judges' rulings gladden defense" in the DC-area sniper cases. And Nat Hentoff has an op-ed entitled "Boasting about a poor record." USA Today reports here that "Aging inmates present prison crisis." And an op-ed by Ross K. Baker is entitled "Conservatives wrongly seek 'government by tantrum.'" The Los Angeles Times reports here that "Santa Cruz Clinic Leads Medical Marijuana Charge; With key local backing, a self-help group aims to make history in a rights lawsuit against the U.S." An article reports that "Officials Warn of Turmoil on Election Night; The list of candidates gets longer and still has not been set. Worries arise about whether balloting equipment will be up to the test." In news from Oregon, "Scorned Ex-Convict Is Forced to Camp Out; Bruce Scott Erbs is a schizophrenic, arsonist and sexual predator. He lives in a tent behind the county jail because no shelter will take him." In local news, "Penalty Phase for Murderer Begins Today; Defense faces a difficult job in convincing a Ventura County jury to spare the killer-rapist." Law Professor Jonathan Turley has an op-ed entitled "Under Ashcroft, Justice Is Blind and Handcuffed; His 'blacklist' aims at judges and prosecutors who exercise discretion on sentences." An essay is entitled "Juror No. K2695 reports for duty." And in letters to the editor, "John Ashcroft Sets His Sights on Sin" and "Government Denial of Marijuana's Benefits." Posted at 22:39 by Howard Bashman The Associated Press is reporting: Anne Gearan reports here that "ABA Board OKs Changes in Ethics Rules." In other news, you can access here an article entitled "EEOC Finds Sex Discrimination at Law Firm"; here "Ashcroft Plans Tour to Tout Patriot Act"; here "Judge: Jurors Not to Hear About Cheney"; here "Marine to Fight Possible Court-Martial"; and here "Scott Peterson's Team to Examine Remains." Posted at 22:33 by Howard Bashman Supreme Court of Texas issues amended order in Governor's mandamus action against Democratic State Senators: You can access the amended order at this link. Posted at 22:09 by Howard Bashman Commentary available online at FindLaw: Today Jonna M. Spilbor has an essay entitled "What If Kobe Bryant Has Been Falsely Accused? Why the Law of Acquaintance and Date Rape Should Seriously Penalize False Reports." And this past Friday, Vikram David Amar had an essay entitled "Governor Davis's Claim to Run as His Own Successor Is Meritless, But the Fear of a 'Fringe' Winner Is Serious: How the Risk Can Be Eliminated in the Future." Posted at 17:34 by Howard Bashman "Texas Supreme Court Rules Against Republicans": The Associated Press in this article confirms my earlier report. Posted at 17:30 by Howard Bashman "Kaczynski asks court to return his bomb materials": The San Francisco Chronicle today contains this report. And links to several of the court filings can be accessed here. Posted at 16:45 by Howard Bashman Fancy vanilla: Today The Christian Science Monitor contains an article headlined "Vanilla sky high: A plain old bean carries a rather gaudy price tag. The result: a downgrade in flavor for Americans not willing to pay." Meanwhile, soft drink aficionados already know that Pepsi Vanilla had its roll-out along the east coast this past weekend. I sampled a bottle with lunch and am pleased to report that Vanilla Coke remains my favorite. Posted at 15:53 by Howard Bashman "ABA Plans to Examine Long Prison Terms": The Associated Press has this report. Posted at 15:47 by Howard Bashman Supreme Court of Texas has denied request for mandamus in action filed by Gov. Rick Perry and Lt. Gov. David Dewhurst to order eleven state senators to return to Austin from Albuquerque: So I am reliably advised. You can access a copy of the petition at this link. The order denying the petition is not yet available online. Posted at 15:44 by Howard Bashman What a difference a day makes: Back on January 7, 2003 a divided panel of the U.S. Court of Appeals for the Fourth Circuit ruled 2-1 that a federal district court erred in dismissing a habeas corpus action filed by a prisoner sentenced to death because equitable tolling excused the prisoner's filing of his habeas petition one day after the applicable deadline. My write-up of the panel's ruling can be accessed here. On February 13, 2003, the Fourth Circuit granted rehearing en banc. Today, by a vote of 7-4, the en banc Fourth Circuit ruled, in an opinion you can access here, that equitable tolling was unavailable and thus the federal district court properly dismissed the prisoner's habeas petition because it was filed one day late. Posted at 15:07 by Howard Bashman "Unabomber Seeks Return of Papers, Bomb": The Associated Press has this report. Posted at 14:33 by Howard Bashman Life and times on the Ninth Circuit: The video feed from this past Saturday's episode of C-SPAN's fine program "America and the Courts" is not yet available online, but I've been able to find an audio feed and a transcript of the May 2003 discussion between Ninth Circuit Judges Stephen Reinhardt and Alex Kozinski about life on the Ninth Circuit. Posted at 14:17 by Howard Bashman Ninth Circuit affirms dismissal of psychiatrist's claims for defamation, fraud, and intentional infliction of emotional distress against attorney Geoffrey Fieger: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 13:33 by Howard Bashman "Seeking to end DNA-case time limits": This article appears today in The Philadelphia Inquirer. Posted at 13:32 by Howard Bashman The San Francisco Chronicle is reporting: Today's edition contains an article headlined "Racial initiative ignites medical worries; Researchers fear Prop. 54 will hinder collection of data." And yesterday Bob Egelko reported here that "Federal lawyer likens pot law to civil rights; Segregationists tried to 'cherry-pick' the rules." Posted at 13:30 by Howard Bashman "Ruling allows gun dealers to dodge bullets": Columnist Brian Dickerson has this essay in today's edition of The Detroit Free Press. Posted at 13:26 by Howard Bashman "Michigan ballot drive faces tough fight; Court ruling, slim support, funds hamper affirmative action foes": This article appears in The Detroit News today. Posted at 13:24 by Howard Bashman "Beware the Straight Backlash: Queer Eye takes a step forward, but the conflict over gay marriage could get ugly." Andrew Sullivan had this essay in the August 11, 2003 issue of Time magazine. Posted at 13:23 by Howard Bashman "Pickering a Fight: Republicans celebrate a judge who's easy on black drug offenders." Emily Bazelon has this essay just posted online at Slate. (The essay currently misstates the federal appellate court to which Charles W. Pickering, Sr. has been nominated, but I'm sure that will be corrected in short order.) Posted at 12:24 by Howard Bashman "Harry Potter and the Magic Campaign: A book proposal." Allison Hayward today has this essay (including the always appropriate gratuitous reference to the "Election Law" blog) at National Review Online. Posted at 12:13 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Baton Rouge Desegregation Case Nears End" and here an article entitled "U.S. Fines Woman for Being 'Human Shield.'" Posted at 12:01 by Howard Bashman "Cuba watchers will keep close eye on trial of 6 in boat theft": This article appears in today's edition of The Orlando Sentinel. Posted at 10:19 by Howard Bashman Commentary available from Town Hall: Robert Novak today has an essay entitled "Religious code words." Kathleen Parker writes that "Naming rape victims may liberate the rapist." And William F. Buckley, Jr. has an essay entitled "Other things about marriage." Posted at 09:13 by Howard Bashman Available online from The National Law Journal: You can access here an article headlined "Food product ads under fire; A beef promotion loses in 8th Circuit." Marcia Coyle reports that "Experts see hurdles for suits over Patriot Act; First two actions likely aren't the last." In other news, "Puerto Rican prosecutors weigh retrial; Acquittals ended a fight over the death penalty." An article reports that "Big Tobacco is on a winning streak; Lawyers debate whether recent wins are a trend." And you can access here an article headlined "Paying to play; Industry spreads subpoenas and fear over music copying." In commentary, John D. Hutson has an essay entitled "Don't Ask, Don't Tell: Retire a bad military policy." Tyler M. Paetkau and Ronald J. Cooke have an essay entitled "'Intel' Revisited: Decision is not so dire." And Stephen W. Grafman has an essay entitled "'Perp Walk': End an ignoble spectacle." Posted at 08:53 by Howard Bashman In Monday's newspapers: The Christian Science Monitor reports here that "Texas duel highlights separation of powers; State Supreme Court is asking for legal briefs Monday on whether runaway Democrats can be forced back to the state." The Washington Post reports here that "Texas Democrats Solicit Bush's Help in Redistricting Dispute; White House Says It's Staying Out of Fight." You can access here an article headlined "Jolted Over Electronic Voting; Report's Security Warning Shakes Some States' Trust." And an editorial about the Ten Commandments monument in the Alabama Judicial Building is entitled "No Place for Religion." Today's edition of The New York Times, in addition to containing the items I noted here last night, reports that "Hispanic Legal Fund Struggles to Survive." In other news, "Acquitted Man Says Virus Put Pornography on Computer." An article reports that "The Bandwagon to Fight Spam Hits a Bump." In other technology-related news, "Internet Providers Question Subpoenas to Stop File Swapping." An op-ed by Sparrow (see for yourself!) is entitled "Spam I Am." And a letter to the editor appears under the heading "Race and Environment." Posted at 08:28 by Howard Bashman "Poll: School Affirmative Action Improved." Anne Gearan of The Associated Press reports here that "Most Americans agree that in 25 years, colleges and universities should no longer need to look at an applicant's race to make sure there is racial and ethnic diversity on campus, a new poll finds." Posted at 06:29 by Howard Bashman Sunday, August 10, 2003
A quick look ahead to Monday's edition of The New York Times: An article reports that "Lawyers Pressed to Give Up Ground on Client Secrets." A related editorial is entitled "Corporate Scandals and the A.B.A." An article reports that "A Copy of the Bill of Rights Has Resurfaced, but Who Owns It?" Finally for now, U.S. Senator Rick Santorum (R-PA) has a letter to the editor that appears under the heading "Judges and Beliefs."
Posted at 23:52 by Howard Bashman
Elsewhere in Sunday's newspapers: In The Washington Times, Frank J. Murray reports that "Supreme Court justice urges shorter sentences." And an op-ed by Richard Lessner is entitled "Judicial tyranny." The Los Angeles Times reports here that "Feinstein Stays Off Ballot Without Backing Any Democrat." Today's edition of the Sunday Magazine contains an article headlined "'Kids Don't Lie': Faith in This Assumption Led to Dozens of Unjust Molestation Convictions in Bakersfield. Today One Man Remains in Prison Even After Four of His Original Accusers Said He Never Touched Them." In business news, "Ruling Casts Doubt on Pension Change; Judge's finding of age discrimination could make it tough for firms to switch from traditional to cash-balance plans." An article reports that "Statue Plan Recalls '68 Olympic Tumult; A San Jose State graduate is leading an effort to honor the two black athletes who raised their fists by erecting a memorial at their alma mater." Jim Sleeper's review of two books appears under the heading "Courting diversity: two warnings ignored." And in news from The Associated Press, "A Boy, a Judge and a Bitter Custody Case"; "Idaho's Grass-Roots Resist the Patriot Act"; and "Hamlet's Police Want the Right to Bear Arms." The Boston Globe is currently off-line and thus won't be featured in this news recap. Posted at 23:17 by Howard Bashman Pledge with a push: Back on Tuesday, The Denver Post reported here that "Schools ready policy for Pledge law; Edict goes into effect Wednesday." Also on Tuesday, The Fort Collins Coloradoan reported here that "Daily pledge required: Students must vow allegiance starting Wednesday. Requirement faces divided audience." On Wednesday, The Denver Post contained an article headlined "Pledge with a push; Opinion divided on new law mandating pledge in schools." On Thursday, The Rocky Mountain News reported here that "Pledge of Allegiance law takes effect; Year-round students first to observe new rule on loyalty oath." On Friday, Denver Post columnist Reggie Rivers had an essay entitled "Freedom to do nothing must be preserved." And today's edition of The Denver Post contains an editorial entitled "Can we compel patriotism?" Readers of "How Appealing" likely will recall that last month the Philadelphia-based U.S. District Court for the Eastern District of Pennsylvania, in a ruling you can access here, struck down as unconstitutional a quite similar Pennsylvania law. Posted at 23:15 by Howard Bashman "Judges see sentencing discretion on a decline; Some critics have questioned what they see as encroachment by the legislative and executive branch on the federal judiciary's independence." This report appears in today's issue of The Roanoke Times. Posted at 23:01 by Howard Bashman "Gays Force The Issue: Republicans and Democrats are discovering they can't avoid homosexual politics. The question is, where are the votes?" The August 18, 2003 issue of U.S. News and World Report will contain this article. Posted at 22:56 by Howard Bashman And in other news from The San Francisco Chronicle: Today's edition contains an article here headlined "How killers in state stay untouchable; Mexican court scraps extradition treaty -- frustrated California D.A.s won't cut deals" and here headlined "Medical pot patients flock to 'Oaksterdam.'" Posted at 22:49 by Howard Bashman U.S. Supreme Court Justice Anthony M. Kennedy calls for an end to mandatory-minimum criminal sentences: In today's edition of The San Francisco Chronicle, Bob Egelko reports that "High court justice crusades for mercy; He calls sentences too severe, too long." Pete Williams of NBC News has a report entitled "Kennedy: End minimum sentences; Supreme Court justice says they take discretion from judges, forestall mercy." And Reuters reports here that "Justice Kennedy Attacks U.S. Sentencing Mandates." I hope that the text of Justice Kennedy's speech will be available online here soon. Posted at 22:47 by Howard Bashman "Gays' wins met by line in the sand -- Foes vow to thwart ultimate goal: Same-sex marriages." This report appears in today's issue of The Philadelphia Inquirer. Posted at 22:32 by Howard Bashman The Associated Press is reporting: Anne Gearan reports that "Bush Lawyer Blasts State Marijuana Laws." And in other news, you can access here an article entitled "Anti-War Reservist Fights Court-Martial" and here an article entitled "California Officials Face Daunting Ballot." Posted at 22:26 by Howard Bashman "Atheist leader urges fight for separation": Today's issue of The Birmingham News contains this report. Posted at 16:17 by Howard Bashman "Law firm scolded for ads; Indiana Supreme Court claims Keller and Keller misled public": The Associated Press yesterday had this report. And you can access here coverage of and a link to the ruling from "The Indiana Law Blog." Posted at 16:09 by Howard Bashman "Death row inmate banks on new British citizenship; Ohioan convicted of killing girl, 2, in fire": This article appears today in The Toledo Blade. Posted at 16:03 by Howard Bashman "One man's lonely fight to bear arms; Weapons maker embraces jail to redefine Second Amendment": The Toledo Blade today contains this report. Posted at 15:55 by Howard Bashman "Tablets now on private property; Activists move Commandments": The Associated Press has this report from somewhere other than Alabama. Posted at 10:56 by Howard Bashman In Sunday's newspapers: In The New York Times, you can access here an article headlined "A Wild Card, and It Isn't Schwarzenegger." An article in the Week in Review section addresses "Why America Has Gay Marriage Jitters." You can access here an article headlined "Canada's Push to Legalize Gay Marriages Draws Bishops' Ire"; here Frank Rich has an essay entitled "And Now, the Queer Eye for Straight Marriage"; and here is a Style section essay entitled "Queer Guy With a Slob's Eye." In other news, "Army Begins Burning of Chemical Weapons in Alabama Town." In business news, "Wall Street's Legal Woes Aren't Over Just Yet." An article reports that "Colorful Ex-Mayor Is Missing His Own Comeback." From the Magazine section, "Has Stanley Williams Left the Gang?" and "Fight Club." And an editorial is entitled "Blacklisting Judges." The Washington Post reports here that "Battle Over Damage Awards Takes a More Partisan Turn; Trial Lawyers -- Key Democratic Donors -- Say They're Targets." An article reports that "Deputy Attorney General to Leave Justice Department." In other news, "Public Policy Targeting Obesity." In election-related news, "Campaign Finance Plan Ahead; Bill Would Increase Public Funding, Limits for Primaries." William Saletan has an essay entitled "Who Else Need Not Apply If Religion Comes Into It?" Rich Lowry has an essay entitled "In the Culture War: The President Keeps His Distance." And letters to the editor appear under the headings "Partisan Excess" and "Clearing Judge Murphy's Name." Finally for now, today OpinionJournal has posted online an editorial entitled "The Color of California: Voters have another chance to strike a blow against discrimination" and an op-ed by Melik Kaylan entitled "The Way We Live Now -- 'Sodomy is an abomination before God': These days, it almost sounds silly." Posted at 08:45 by Howard Bashman Saturday, August 09, 2003
To whom does the Lamborghini now belong? Tonight's installment of C-SPAN's fine program "America and the Courts" is described this way on C-SPAN's Web site:From May, two members of the U.S. Court of Appeals for the Ninth Circuit, Judges Alex Kozinski, a Reagan appointee, and Stephen Reinhardt, a Carter appointee, talk about life on the federal bench in a town hall in Los Angeles.I'm wondering whether they discussed Judge Kozinski's dissenting opinion from January in which he feared (see footnote two) that Judge Reinhardt might try to wrongfully procure ownership of Judge Kozinski’s Lamborghini. Probably not. If, like me, you missed the telecast of this program earlier this evening, you'll be able to watch it online via this link beginning sometime early next week. Posted at 23:53 by Howard Bashman Elsewhere in Saturday's newspapers: The Los Angeles Times reports here that "Judge to Strike Critical Comments About Unocal." In other local news, "Jury Rejects Woman's Sexual-Assault Suit Against Rodman" and "Davis' Convoy Clocked at 94 MPH." A newsbrief reports that "Federal Judge Blocks RIAA Subpoenas." An article reports that "Pakistani Man Aided Al Qaeda, U.S. Charges; Detained since March, the suspect is accused of trying to help an agent enter the U.S., possibly in a plot to launch a chemical attack." In other news, "No End to Murder's Grief; A year has passed since Kevin Blanchard died -- yet another young black man gunned down in Compton. Family and friends struggle to cope." You can access here an article headlined "In Defending Liberty, They Secure Freedom; More than 200 immigrant sailors from 51 countries become American citizens. Their courage expedited ceremony." In other immigration-related news, "Man Is Charged in Vietnam Jail Torture; Garden Grove resident, a former trusty in camp near Hanoi after the war, is held. He can't be prosecuted in the U.S." And David Beck-Brown has an op-ed entitled "Tough on Crime? Our Wallets Take the Beating." The Washington Times reports here that "Race measure shares California ballot with governor recall." And in other news, "Mom aids in hunting terrorists over Web." Finally for now, The Boston Globe reports here that "Fla. sees accord on malpractice award limits." Posted at 23:30 by Howard Bashman "Justice Kennedy: Shorten Fed Prison Terms." Anne Gearan of The Associated Press tonight has this report. Posted at 23:25 by Howard Bashman Tonight's music selection: "Show me how to live," by Audioslave (Windows Media Player required). Posted at 23:12 by Howard Bashman "Library denies censor charges": The Augusta Chronicle today reports here on an oral argument that the U.S. Court of Appeals for the Eleventh Circuit heard yesterday. And The Associated Press reports here that "Editor of gay newspaper appeals ruling on censorship." Posted at 23:11 by Howard Bashman You've heard of the "twinkie defense"; now meet the "burrito defense": The Associated Press reports here from Nebraska that "Judge buys beer burrito defense." Posted at 22:58 by Howard Bashman "2 white librarians say bias continues": This article appears today in The Atlanta Journal-Constitution. Posted at 22:55 by Howard Bashman "Suits over gun harm erased in Michigan; Detroit, county cannot pursue compensation": Today's edition of The Detroit Free Press contains this report. And you can access Thursday's ruling of the Michigan Court of Appeals at this link. Posted at 22:54 by Howard Bashman "Courts Weighing Rights of States to Curb Aid for Religion Majors": Sunday's edition of The New York Times contains this article by Adam Liptak. Liptak's dispatch is dated August 5th, the day before this somewhat related article (which I noted here on Wednesday, August 6th) appeared in The Traverse City Record-Eagle. Posted at 21:18 by Howard Bashman Today's Federalist Society recap from the American Bar Association's annual convention: It is available here. Posted at 21:05 by Howard Bashman "Justice Ginsburg Marks 10 Years on Bench": Anne Gearan of The Associated Press has this report. The "ten years" refers to Justice Ginsburg's service on the Supreme Court of the United States. Justice Ginsburg joined the D.C. Circuit in June of 1980. Posted at 21:01 by Howard Bashman On today's agenda: Having fun here. Recap: Fun was indeed had. Posted at 07:13 by Howard Bashman In Saturday's newspapers: The New York Times reports here that "White House Called Target of Plane Plot." An article reports that "Pakistani in Brooklyn Is Charged With Supporting Terrorism." In news from the State of Washington, "The Whisper That Carried Beyond Pasco." An article reports that "Ruling Gives Army Right to Incinerate Chemical Weapons." And Bruce Kluger has an op-ed entitled "What a Tangled Web We Weave." The Washington Post reports here that "FBI Intercepts Moussaoui's Mail; Defendant Tried to Message 'Shoe Bomber,' Agents Allege." In other news, "Pakistani Detainee Charged With Supporting Terrorists." An article reports that "Va. Engineer Faces Deportation; Family Fearful After Arrest in Wake of Asylum Denial." In business news, "Ruling Dims Outlook for Coal-Fired Power Firms; Aging Plants Face Big Expense To Comply With Clean Air Act." And an editorial is entitled "Reform in Virginia." Posted at 07:09 by Howard Bashman Friday, August 08, 2003
"Measuring High Court's Momentum": Marcia Coyle of The National Law Journal has this report.
Posted at 22:53 by Howard Bashman
Elsewhere in Friday's newspapers: In The Los Angeles Times, David G. Savage reports that "Ashcroft Objects to Lenient Jurists; When judges impose terms shorter than called for under federal guidelines, the attorney general wants to know." In other news, "U.S. Indicts Porn Sellers, Vowing Extensive Attack; Charges against a Valley video company and two executives signal that fighting obscenity has become a high priority for Atty. Gen. Ashcroft." In recall election-related news, you can access here an article headlined "Court Allows Recall to Proceed; Schwarzenegger Gains Support; The field changes as Issa drops out, Garamendi enters and Ueberroth weighs a run. Feinstein leaves the door ajar, and Davis' backers waver"; here "State Justices May Not Have Final Word; Several cases challenging the recall already have been filed in federal court, and lawsuits after the election are a possibility"; and here "Feinstein Stands By Decision to Stay Out of Race." You can access here an article headlined "Not a Terrorist, but Still Doing 9/11 Time; Ansar Mahmood was swept up in a federal dragnet. Now a felon, he faces deportation." A newsbrief reports that "ACLU Sues City Over Lesbian March Rules." An editorial is entitled "Barring the Book Snoops." And letters to the editor appear under the heading "Looking at Jury Duty in a Positive Light." USA Today reports here that "Gun-control debate gets muzzled; Bill protecting firearms industry advances in Congress as electoral realities, terrorist attacks change climate." An article reports that "Whites, blacks see Bryant case differently; African-Americans much more likely to think charge is false." And Al Neuharth has an op-ed in which he addresses the question "Does name shielding 'protect' rape victim?" The Washington Times reports here that "Sniper suspect's team fears unfair jury." You can access here an article headlined "Mend, don't end plan to gather terror data, think tank urges." And an op-ed by Deborah Simmons is entitled "No means no." Posted at 22:22 by Howard Bashman "Using Catholicism: Republicans are playing the religious card in the same way that they have decried the left for bringing up race and gender." Newsweek today offers this online exclusive essay from Eleanor Clift. Posted at 22:21 by Howard Bashman "Get Back! The Gathering Storm Over Gay Rights." Richard Goldstein has this essay in the current issue of The Village Voice. Posted at 22:07 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Feds: Moussaoui Aimed to Hit White House"; here "Appeal Urged on Energy Panel Ruling"; and here "Calif. Sex Predator's Release Blocked." Posted at 19:49 by Howard Bashman "New leads in Yale bombing: Branford trailer searched for evidence." Today's edition of The New Haven Register contains this report. Posted at 19:46 by Howard Bashman The Associated Press is reporting: Anne Gearan is at the American Bar Association's annual meeting (as are some Federalist Society representatives) and she reports that "Lawyers' Group Names 1st Black President." In other news, "Court: Faulty Tire Didn't Cause Murder" (plus, access the opinion here). Posted at 16:59 by Howard Bashman "S.C. activist to lead women lawyers group": News Columnist John Monk writes in today's issue of The State that "The last time the world heard from Zoe Sanders Nettles was when she told U.S. Supreme Court Chief Justice William Rehnquist that asking black judges and lawyers to sing 'Dixie' hurt their feelings. That encounter - at a 1999 judicial conference - made headlines. Now, Nettles, 36, is about to become president of the National Association of Women Lawyers." Posted at 16:19 by Howard Bashman "Judiciary a pawn in the Bush political game; 'Make no mistake. This is a fight the Bush administration wants.'" Tom Teepen, a columnist for Cox Newspapers, had this essay online yesterday at the Web site of The Atlanta Journal-Constitution. Posted at 15:55 by Howard Bashman "Civil Rights Leader Quits NAACP Over Judicial Nominee": FOXNews today has this report. And The Washington Times reports here today that "Civil rights lawyer quits NAACP in rift over judge pick." Posted at 15:48 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Judge: Moussaoui Case Fate Lies in Access"; here "Missouri River's Fate Plays Out in Court"; here "Court Backs Tougher EPA Waste Standards"; and here "Nebraska Must Resume Medicaid Payments." Posted at 15:46 by Howard Bashman More newly-discovered law blogs than you can shake a stick at: Denise Howell's skill at tracking down and listing the newest law-related blogs continues to amaze. You can access her latest, incredibly comprehensive round-up here (link fixed). Posted at 15:15 by Howard Bashman In news from Oregon: Thanks to Law Professor Jack Bogdanski for drawing to my attention the appointment of a new justice to the Supreme Court of Oregon. As Jack's post notes, the appointment leaves that court without a female justice, although, as this article from Wednesday's edition of The Oregonian mentions, the new justice is "openly gay." Posted at 14:26 by Howard Bashman Seventh Circuit explains why it denied a stay requested by reporters ordered to turn over tapes of witness for the prosecution in Irish Republican Army anti-terrorism proceeding: You can access today's opinion by Circuit Judge Richard A. Posner at this link. The opinion contains quite a bit of discussion about whether "a federal common law reporter's privilege rooted in the First Amendment" exists. Coincidentally, The Associated Press reported here yesterday that the defendant in the anti-terror proceeding was convicted. Posted at 14:02 by Howard Bashman Ford and Firestone may have been negligent, but that doesn't make them liable for murder: See this interesting ruling that the Supreme Court of Nebraska issued today. Posted at 13:25 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Mixed Ruling for Breast-Feeding Driver"; here "Feds Charge Suspect With Aiding al-Qaida"; and here "Judge Allows Army Chemical-Weapons Burn." Posted at 13:18 by Howard Bashman Live on tape: Selected video highlights from the American Constitution Society's recent national convention can be accessed and viewed via this link. These are more than little snippets; I'll call them big non-snippets. Additional video highlights from the convention are likely to become available at that link, so stay tuned. Posted at 11:46 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Cops, Moussaoui Had Talks, Papers Say"; here "Lawyers for Sniper Defendant Seek Help"; here "Driver: Husband Ordered Breast-Feeding"; and here "Indian Tribe Can Issue License Plates." Posted at 11:01 by Howard Bashman Is bliss? The Associated Press reports here that "Alabama chief justice says he may ignore order to remove monument." Today's edition of The Montgomery Advertiser reports here that "Moore may defy court order." And The Crimson White reports here that "Moore defends his case on Fox News." In Decalogue-related news from elsewhere, The AP reports here from Arizona that "Napolitano won't recommend monument's removal." And The La Crosse Tribune reports here that "Local lawyers advise against fighting monument ruling; Eagles Club pursues appeal"; here that "Group lobbies for appeal"; and here that "City won't have public hearing on monument appeal." In other news, The Times-Picayune today reports that "Religious right feels left behind; Some conservatives impatient with Bush." Robert A. Martin, Editor and Publisher of The Montgomery Independent, has an op-ed entitled "Protecting freedom" that mentions in closing the Ten Commandments monument in the Alabama Judicial Building controversy and its potential impact on Eleventh Circuit nominee William H. Pryor, Jr. Posted at 10:30 by Howard Bashman "Report Card from the U.S. Supreme Court: How The Third Circuit And Pennsylvania's Other Courts Fared In The October 2002 Term." My July 2003 appellate column originally published in The Legal Intelligencer is now available online at this link. Posted at 10:23 by Howard Bashman And in other news from St. Louis: The Post-Dispatch reports here that "Lower river levels may hurt some firms." Posted at 10:21 by Howard Bashman "Judge urges considering black for court post": Today's issue of The St. Louis Post-Dispatch reports here that "Judge Theodore McMillian, who grew up amid blatant racism before breaking the color barrier on the 8th U.S. Circuit Court of Appeals here a quarter-century ago, hopes African-Americans will at least be considered to replace him." As the reader who drew this article to my attention has noted, the article misspells the name of another Eighth Circuit judge. Posted at 10:18 by Howard Bashman "How Government Appeals Actually Work": Law Professor Eric Muller of the "Is That Legal?" blog writes here that "Today's Associated Press story about John Ashcroft's program to keep tabs on lenient judges has a significant error in it." (The story he links to is actually from The Washington Post, but that's not important.) Posted at 09:30 by Howard Bashman New blog: "Mommies at Law." Posted at 08:02 by Howard Bashman "Chads Hang Over Recall": Law Professor Rick Hasen has this op-ed in today's edition of The Los Angeles Times. Posted at 07:02 by Howard Bashman In Friday's newspapers: The New York Times reports here that "Justice Dept. to Monitor Judges for Sentences Shorter Than Guidelines Suggest." Jennifer 8. Lee reports that "3 Northeast States Win Verdict Against a Utility." In local news, "Judge Criticizes Police Methods of Questioning War Protesters." In sports-related matters, "Coverage of Bryant? Let's Go to the Tape." An editorial pertaining to a case currently pending en banc before the U.S. Court of Appeals for the Ninth Circuit is entitled "An Important Human Rights Tool." And Steve Martin has an op-ed entitled "It All Depends on What You Mean by 'Have.'" The Washington Post reports here that "Muhammad Team Attacks Death Penalty." An article reports that "Clean-Air Ruling Puts Blame on Ohio Utility." In other news, "Settlement Reached in Color-Bias Suit; Black Worker at Applebee's Said Lighter-Skinned Black Supervisor Harassed Him." In local news, "Va. 'Jihad' Suspects: 11 Men, Two Views. U.S. Sees Conspiracy; They Proclaim Piety." And Al Kamen's "In the Loop" column today is entitled "No Justice for All." Posted at 06:40 by Howard Bashman Thursday, August 07, 2003
Available online at law.com: In news from California, "Justices Reject Efforts to Halt Davis Recall"; "Clifford Chance Lawyer Finds High Demand for Intel Ruling"; "Jerry Brown to Run for State AG in '06"; and, previously, "California Justices Set to Decide Fate of Recall."
An article reports that "Georgia Librarians Clash With Gay Paper Over Free Speech; Banned gay newspaper argues case at 11th Circuit." In news from New York, "2nd Circuit: Habeas Writ Is for Custody Challenge Only" and "2nd Circuit Reveals Frustration With Immigration Law." In news from New Jersey, "In the Forefront of Terror Cases." And in other news, "Ex-Students Who Sued Florida University Must Pay School's Legal Fees" Posted at 23:42 by Howard Bashman "Lawyers Argue Against Death Penalty in Sniper Trial; Judge Asked to Declare Death Penalty Unconstitutional": The Washington Post contains this report. Apparently John Allen Muhammad subscribes to the theory that it is better to give than to receive. Posted at 23:41 by Howard Bashman Attorney General John Ashcroft's letter ordering a tally of light criminal sentences is available online: You can access it here, via The Washington Post. Posted at 23:25 by Howard Bashman "Peterson rejected deal in January": This article appears in today's edition of The Modesto Bee. Posted at 23:24 by Howard Bashman Elsewhere in Thursday's newspapers: In The Boston Globe, Lyle Denniston reports that "Commandments display ordered removed." In other news, "EU warns Microsoft; Says monopoly abuses persist; probe nears end." An editorial is entitled "A caveman in court." And Jeff Jacoby has an op-ed entitled "Connerly's fight for racial equality." The Los Angeles Times reports here that "Bill Would Extend Time to Charge Molestation." In other news, "Guilty Plea in 'Portland Six' Terror Case; An Oregon man admits role in plot against U.S., agrees to cooperate in co-defendants' trial." An article reports that "Bryant's Trial May Wait Till Season Ends." In other news, "Former Nurse Charged With Killing 10 Veterans Is Set Free; The tests done on the bodies of patients who died in 1992 are found to be inconclusive." In election-related news, "Feinstein No Longer the Wild Card; U.S. senator stays out of the race, promising to help fellow Democrat Davis in his fight." An article reports that "Domestic Partners Gain Tax Benefit; Board of Equalization votes not to reassess property after a partner dies, same as for married couples. A court challenge is predicted." In other news, "Betty Ford Fights Judge's Order to Give Deposition; Ex-first lady is not named in the suit against the Rancho Mirage rehab clinic she directs." And an editorial is entitled "Gains for Gays, and Society." The Washington Times reports here that "Obesity suits eye children as props." In sports-related news, "Bryant case prompts media feeding frenzy." And an op-ed by Nina May is entitled "Pawns in a culture war." USA Today reports here that "Europe moves against Microsoft; Software giant faces sanctions for 'abuses.'" And in sports-related news, "Bryant media circus sets up all 3 rings" and "'Very fast event for so much attention.'" Posted at 22:49 by Howard Bashman "Saving DNA for a Rainy Day: New York City's plan to indict genetic profiles." Slate this evening posted online this essay from Dahlia Lithwick. Posted at 22:47 by Howard Bashman "Calif. Supreme Court Upholds Recall Vote": David Kravets of The Associated Press reports here that "The state Supreme Court on Thursday declined to intervene in California's recall election, clearing the way for an Oct. 7 vote on whether to remove Gov. Gray Davis from office and replace him with some other candidate on the ballot." Law Professor Rick Hasen provides additional details here. Posted at 20:13 by Howard Bashman "Insanity defense hard to prove in Minnesota": The Minneapolis Star Tribune today contains this report. Posted at 17:28 by Howard Bashman "Judge penalizes Unocal for late submission of documents": The Associated Press reports here that "The civil trial between Unocal Corp. and plaintiffs alleging the oil giant was complicit in human rights abuses in Myanmar may be delayed, following a judge's decision to penalize Unocal for its late submission of documents." The article refers to a California state court action against Unocal, and not to the federal court proceeding that remains pending before an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit. Posted at 17:04 by Howard Bashman In news from Mississippi: The Clarion-Ledger today reports here that "Indicted Diaz pleads 'absolutely not guilty.'" And The Sun Herald today contains an article headlined "'Not Guilty' Pleas: Five maintain innocence in judicial corruption case; politics, not evidence, is the driving force, their lawyers say." Posted at 16:57 by Howard Bashman Secretary of state, governor, mayor, and now possibly attorney general? The Oakland Tribune reports here that "Brown eyeing state attorney general seat; Oakland mayor coy, couching his intent to run in later interviews." Posted at 16:54 by Howard Bashman "Just call it 'Oaksterdam': Pot clubs grow below city's radar; Marijuana operations located in back rooms of businesses." The Oakland Tribune today provides this report. Posted at 16:51 by Howard Bashman "Originalism and its Discontents": Law Professor Jeff Cooper has some interesting thoughts that relate to Law Professor Jack Balkin's comments concerning "Scalia's Originalism" that I introduced to the blogosphere yesterday morning. Posted at 16:47 by Howard Bashman The topic of my August 2003 appellate column scheduled to appear in The Legal Intelligencer on Monday, August 11, 2003: This will be the topic of my August 2003 column. The redesign of my law firm's Web site has eliminated the feature that allowed readers to sign-up to receive my column via email on the day of its publication and has also removed my ability to get the column online at the firm's site as promptly as before. Such, apparently, is the price of progress. Those who have previously signed-up to receive the column will continue to receive it via email on the day of its publication. Posted at 16:38 by Howard Bashman Autoerotic asphyxiation: Today a three-judge panel of the U.S. Court of Appeals for the Second Circuit divided 2-1 over whether death as the result of autoerotic asphyxiation constitutes death "caused by ... intentionally self-inflicted injuries" thereby negating life insurance coverage. The majority ruled that the death in question was caused by intentionally self-inflicted injuries, while a dissenting judge disagreed. The dissenting judge observes in her opinion that the majority's ruling appears contrary to this decision of the U.S. Court of Appeals for the Ninth Circuit. Perhaps the issue of whether death caused by autoerotic asphyxiation is accidental or purposeful will now be headed for the U.S. Supreme Court? Posted at 15:01 by Howard Bashman For insightful, comprehensive, and yet understandable coverage of the California recall election process: Be sure to visit Law Professor Rick Hasen's "Election Law" blog regularly. I'm fortunate that I don't live in California, because I'd have a hard time choosing between Gary Coleman, Larry Flynt, Arianna Huffington, Arnold Schwarzenegger, and now perhaps Peter Ueberroth. Posted at 14:46 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Housekeeper to Publish Book on JonBenet" and here an article entitled "Davis, ACLU Sue Over Calif. Recall Vote." Posted at 14:38 by Howard Bashman "Judge Richard Posner discusses his position on law, pragmatism and democracy": Access here the transcript of a CNBC interview from last week. (Via "JD2B.") Posted at 14:30 by Howard Bashman "The Catholic Test, Part 2: Big media has been avoiding the new Democratic religion test, but the blogosphere has answered the bell." Hugh Hewitt has this essay today at The Weekly Standard in which he happens to mention a bunch of blogs. Posted at 13:57 by Howard Bashman Available online at Town Hall: Thomas Sowell considers "Cameras in the courtroom." Maggie Gallagher has an essay entitled "The future of gay marriage." And William F. Buckley, Jr. has an essay entitled "The Constitutional Defense." Posted at 13:54 by Howard Bashman Just when you thought it was safe to step back into the plaza: The Salt Lake Tribune reports here today that "Barely a week after Salt Lake City vacated the public easement on the Main Street Plaza, the deal is under legal attack. The American Civil Liberties Union is expected to file a lawsuit today against Salt Lake City and Mayor Rocky Anderson in U.S. District Court, alleging the city violated the First Amendment's guarantee of free speech and the Constitution's establishment clause that requires the government and churches to remain separate." Posted at 13:43 by Howard Bashman Airline's allegedly discriminatory conduct toward an Iranian-born permanent resident of the USA was compelled by an FAA security directive the contents of which cannot be disclosed: This opinion that the U.S. District Court for the District of Columbia issued today involves a quite interesting set of facts. Posted at 13:28 by Howard Bashman FindLaw columnists: Edward Lazarus today has an essay entitled "The Pivotal Role Of Justice Anthony Kennedy: Why The Supreme Court's Romantic May Only Become More Influential Over Time." And Matthew Segal considers "A Federalism Role Reversal? Conservatives and Liberals Switch Sides In the Power Struggle Between States and Feds." In recent days, Michael C. Dorf had an essay entitled "Balancing Privacy and Fair Trial Rights Against the Public's Right to Information in the Kobe Bryant Case." (Yes, now we may have the plot for a "Dorf on Basketball" screenplay.) Anita Ramasastry had an essay entitled "Why the ACLU Is Right To Challenge The FBI's Access to Library, Bookstore, and Business Records Under the USA PATRIOT Act." And Anthony J. Sebok had an essay entitled "The New Asbestos Bill, Part Two: Why This Crucial Legislation Is Facing Huge Obstacles" (plus, you can access the Senate Judiciary Committee's report on The Fairness in Asbestos Injury Resolution Act of 2003 at this link (227-page PDF document)). Posted at 11:44 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Supreme Court Audio Set for Downloading"; here "Ashcroft Seeking Uniformity in Sentences"; here "Texas Inmate's Execution Blocked"; here "California Finds Home for Sex Predator"; and here "Dog Survives Euthanization at Mo. Chamber." Posted at 11:31 by Howard Bashman "Ginsburg: Intergalactic Law Will Shape Court Rulings." Scott Ott of the "ScrappleFace" blog has this "report." Posted at 10:25 by Howard Bashman "Hawash gets deal, pleads guilty": The Oregonian today has this report. Posted at 10:08 by Howard Bashman "Moore order goes to justices; Federal judge adds to list of state officials he wanted notified": This article appears in today's edition of The Birmingham News. Posted at 10:05 by Howard Bashman "Never convicted of sex crime, but man still must register as offender": The Minneapolis Star Tribune today has this report on a ruling of the U.S. Court of Appeals for the Eighth Circuit that I mentioned here yesterday. Posted at 09:57 by Howard Bashman "Ariz. group takes on Allentown's gay-rights law": This article appears in today's issue of The Philadelphia Inquirer. Posted at 09:52 by Howard Bashman "Confirmation Debate Morphs Into Bitter Religious Battle": Tomorrow's edition of The Forward will contain this report. Posted at 07:35 by Howard Bashman In today's issue of The Montgomery Advertiser: You can access here an article headlined "Moore to discuss monument on show" and here a newsbrief headlined "10 commandments order gets delivered." Posted at 07:34 by Howard Bashman In Thursday's newspapers: In The New York Times, Adam Liptak reports that "Man Loses Fight to Avoid Listing on Sex Offenders' Registry." You can access here an article headlined "Oyez! The Supreme Court, Now on MP3." An article reports that "U.S. Court Rejects Tire Safety Rule." In other news, "Europe Goes on Offensive in the Case of Microsoft." You can access here an article headlined "Suit Challenges Climate Change Report by U.S." In local news, "Court Order in Hamptons Murder Case Focuses on Lost Laptop." In news from Colorado, "Lakers' Bryant Shows Up and Says Little" and "Many Foibles of Fame on View in Small Town." And U.S. Senator Arlen Specter (R-PA) has an op-ed entitled "The Court of Last Resort." The Washington Post reports here that "Ore. Man Pleads Guilty to Helping Taliban." In other news, "Moussaoui Requests More al Qaeda Interviews." An article reports that "Judge Orders River Level Lowered; Endangered Species Act Takes Precedence, Ruling Says." In local news, "Panel Urges Va. to End Felons' Evidence Limit." In business news, "EU Faults Microsoft on Tactics; Company Said to Be Trying to Monopolize Two Key Markets." In other business news, "EBay Told to Pay $29.5 Million in Patent Case." An article reports that "Both Sides Seek Hearing On Leaks in Kidnap Case." In news from Colorado, "A Full Court, Press at Bryant Hearing; Media, Onlookers Engulf Proceeding." And columnist Michael Wilbon has an essay entitled "The 'Unseemly' Reality Of Celebrity Notoriety." In The Christian Science Monitor, you can access here an article headlined "When the only unknown is victim's name; High-intensity coverage raises questions about age-old stigmas - and holding the media accountable." And in other news, "Internet dating goes behind bars; Web's largest business pairs up with another huge industry: prisons." Posted at 06:46 by Howard Bashman "Mike Hawash's plea agreement in full": It is available online here, via The Oregonian. Posted at 06:40 by Howard Bashman "Ashcroft Orders Tally Of Light Sentencing; Critics Say He Wants 'Blacklist' of Judges": Thursday's edition of The Washington Post contains this report. Posted at 00:18 by Howard Bashman Wednesday, August 06, 2003
"Fantasy Justice": Here's a new blog that describes itself as "a site completely devoted to the U.S. Supreme Court. The game is modeled after fantasy sports games. Points will be awarded based on the participant's correct predictions of the outcome of each case and how each justice will rule on a particular case."
Posted at 23:38 by Howard Bashman
Elsewhere in Wednesday's newspapers: The Los Angeles Times reports here that "Judge in Roadless Ruling Is Accused of Violating Ethics Laws; His decision in the forest land case is seen as possibly affecting his interests in oil, gas firms." A front page article entitled "Courtroom Challenges Stand in Recall Path" provides a link to Law Professor Rick Hasen's "Election Law" blog. In other news, "Bryant's Hearing Will Be Short and Well Covered." A related report bears the headline "Defense: Gag Order Violated." An article reports that "Judge Denies Luster's Captor Share of Bail Funds." In other news from California, "Prison-Based Recycling Effort to End; California plans to stop using federal prisoners to dismantle potentially toxic electronic junk. The state will hire a private firm instead." A newsbrief reports that "Strip Club May Lose Permit Over School." And letters to the editor appear under the heading "Recall: The Court Must Show Responsibility." The Washington Times reports here that "Muhammad defense scores." And an op-ed by Thomas Sowell asks "Are police racist?" The Boston Globe reports here that "SJC lets Falmouth legislator keep seat." And an editorial is entitled "Backward in California." Finally for now, USA Today contains an op-ed by Vicky Rideout entitled "Internet filters block valuable data, too." Posted at 23:02 by Howard Bashman "Senate GOP sees little hope to snap judicial filibuster": The Washington Times today contains this report. Posted at 20:58 by Howard Bashman "Catholic Baiting: Are Catholic judicial nominees automatically suspect now?" Terry Eastland has an essay today at The Weekly Standard that begins, "William Pryor isn't going to become a federal judge. Not this year, not next." Posted at 20:57 by Howard Bashman "Order to remove commandments monument delivered to all justices": The Associated Press has this news from Alabama. Posted at 20:54 by Howard Bashman Tenth Circuit rules against housekeeper to John and Patsy Ramsey and holds that Colorado grand jury secrecy statute doesn't violate the First Amendment: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued an opinion that begins: This case concerns the constitutionality of a Colorado statute governing the secrecy of grand jury investigations. Plaintiff Linda Hoffmann-Pugh worked as a housekeeper for John and Patsy Ramsey prior to the highly publicized murder of their daughter, JonBenet Ramsey. Due to her association with the Ramsey household, Ms. Hoffmann-Pugh was involved in the grand jury investigation of the murder. She now wishes to write a book about her experiences. Colorado requires a grand jury witness to take an oath not to disclose her testimony, except to discuss it with her attorney or with the prosecutor, until and unless an indictment or report is issued. The oath thereby precludes the witness from divulging her testimony even after the term of the grand jury has ended if the investigation of the crime continues. Fearing prosecution under Colorado law for contempt if she discloses her grand jury testimony, Ms. Hoffmann-Pugh sought and was granted a judgment declaring she could not be prosecuted for revealing that information. The district court held that the Colorado secrecy rules violate the First and Fourteenth Amendments. The state appeals and we reverse.You can access the complete opinion at this link. Posted at 20:30 by Howard Bashman Those who pay lawyers to file appellate amicus briefs simply aren't getting their money's worth, Seventh Circuit Judge Richard A. Posner (in chambers) explains: Today Judge Posner issued a must-read opinion to explain why he was denying leave to the President of the Illinois Senate and the Speaker of the Illinois House of Representatives, and also to the Communications Workers of America, to file amicus briefs in an appeal that presents the question whether portions of the Illinois Public Utilities Act are preempted by the Federal Telecommunications Act of 1996. In the course of denying permission to file amicus briefs, Judge Posner writes: This court has held that whether to allow the filing of an amicus curiae brief is a matter of "judicial grace." National Organization for Women, Inc. v. Scheidler, 223 F.3d 615, 616 (7th Cir. 2000). The judges of this court will therefore not grant rote permission to file such a brief, and in particular they will deny permission to file an amicus brief that essentially duplicates a party's brief. Id. at 617. The reasons for the policy are several: judges have heavy caseloads and therefore need to minimize extraneous reading; amicus briefs, often solicited by parties, may be used to make an end run around court-imposed limitations on the length of parties' briefs; the time and other resources required for the preparation and study of, and response to, amicus briefs drive up the cost of litigation; and the filing of an amicus brief is often an attempt to inject interest group politics into the federal appeals process. Id. at 616.You can and should access the complete opinion at this link. Posted at 15:15 by Howard Bashman "No, Sen. Santorum, Catholics aren't a protected class": Josh Marshall today has this essay online at The Hill. Posted at 14:38 by Howard Bashman "State of the First Amendment 2003": The First Amendment Center has this report (PDF). Posted at 13:20 by Howard Bashman "Lawmakers governing with guns; Some carry weapons on floor": Sunday's edition of The Fort Wayne Journal Gazette reported here that "It may not be the wild, wild West, but one in six Indiana lawmakers has a permit to carry a firearm and several of the lawmakers keep the guns handy while doing the public's business on the floor of the House and Senate." Posted at 13:09 by Howard Bashman The Associated Press is reporting: You can access here an article entitled "Feinstein Rules Out Run for Calif. Gov." and here an article entitled "Mass. Group to Push Clean Elections Law." Posted at 13:03 by Howard Bashman By requiring convicted criminals who are not sex offenders to register as sex offenders, Minnesota does not violate the convicts' federal constitutional rights: You can find today's rather surprising ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. Posted at 12:51 by Howard Bashman "Utah ACLU hopes to find religion": The "clever headline of the day" award goes to The Salt Lake Tribune for this article. Posted at 11:58 by Howard Bashman "Scholarship case looks good; Aid revoked, but state can't enforce provision": This article appears in today's issue of The Traverse City Record-Eagle. Posted at 11:56 by Howard Bashman "Moore gets deadline of Aug. 20; Federal judge threatens fines if monument not removed": The Birmingham News today contains this report. And a related editorial is entitled "Upholding the law: Moore must remove Commandments from rotunda." Posted at 11:54 by Howard Bashman "Sen. Clinton's judicial remarks uncalled for": This editorial appears in today's edition of The Mobile Register. Posted at 11:51 by Howard Bashman Sixth Circuit, Second Amendment: Today the U.S. Court of Appeals for the Sixth Circuit posted online an opinion that states: Bournes first argues that sec. 5861(d) is "an unconstitutional infringement on [his] Second Amendment right to keep and bear arms." In reviewing such a claim, we have held, however, that "the Second Amendment guarantees a collective rather than an individual right." United States v. Warin, 530 F.2d 103, 106 (6th Cir. 1976). Accordingly, "there can be no serious claim to any express constitutional right of an individual to possess a firearm." Stevens v. United States, 440 F.2d 144, 149 (6th Cir. 1971).You can access the complete opinion at this link. Posted at 10:51 by Howard Bashman "Muppet back to work after attack at park": This article appears in today's edition of The Philadelphia Inquirer. Posted at 10:46 by Howard Bashman "Army of media awaits Bryant hearing; Judge is 'flabbergasted' by attention given case": CNN.com offers this report. And Gail Diane Cox reviews (second item), in this week's issue of The National Law Journal, the court Web site devoted to the Kobe Bryant case. Posted at 10:38 by Howard Bashman Manus manum lavat: With regret for not being able to run this post past Fritz Kempner, my Latin teacher at Penn Charter, here goes. A number of readers have emailed in response to this post from yesterday afternoon that "de novo" doesn't mean "of nothing." Rather, in Latin "novo" means "new," and "nihil" means "nothing." Thus, "de novo" means "anew." And, in totally unrelated news, "You'll soon know mo' about Nemo." Posted at 10:34 by |
