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Tuesday, September 30, 2003
U.S. Supreme Court round-up: Linda Greenhouse of The New York Times reports here that "Justices to Rule on Immunity of States in Bankruptcy Suits." Charles Lane of The Washington Post reports here that "High Court to Hear Appeal Involving Art; Ruling May Affect Other Nazi-Era Cases." And David G. Savage of The Los Angeles Times reports here that "Justices to Hear L.A. Carjacking Case."
Posted at 23:50 by Howard Bashman
Available online at law.com: Tony Mauro reports that "High Court Grants Review in 10 Cases." In related news, Shannon P. Duffy reports that "Supreme Court to Review 3rd Circuit Ruling in Death Row Case." And in other news, Jason Hoppin reports that "9th Circuit Tosses 'Duffield' in Dustbin." Posted at 23:30 by Howard Bashman What day is it? This past Friday, I reported in a post entitled "Second Circuit upholds method of calculating compensation used by Special Master of the September 11th Victim Compensation Fund" on a ruling that the Second Circuit issued that afternoon. This significant ruling has finally received some attention from the popular press. Last night, The Associated Press reported here that "Appeals court upholds power of victims fund special master to set awards." And tonight, CNN.com reports that "Appeals court backs victim fund in 9/11 lawsuit; Panel finds no bias in awarding compensation." What's odd, however, is that The AP's report says the ruling issued yesterday, while CNN's report says the ruling issued today. I don't mind the fact that, in this instance, these major news organizations were several days behind me in spotting this significant ruling. I do find disheartening, however, that each of these news organizations has managed to misrepresent how promptly it has reported on the ruling by inaccurately giving the date on which the decision issued. Posted at 23:11 by Howard Bashman Linda Tripp can't overcome the "reporter's privilege": Today the U.S. District Court for the District of Columbia issued this ruling in Linda Tripp's Privacy Act lawsuit against the Department of Defense. This ruling may be relevant to Law Professor Eugene Volokh's discussion here addressing "Could Novak be legally ordered to testify about who leaked the Plame information." Posted at 23:09 by Howard Bashman "Law student's job hunt earns Web notoriety": Law student Matthew S. Toll's job search makes the news in Canada. Now if only he were looking to work north of the border. I previously noted his clever effort to find work in a post you can access here. Posted at 23:04 by Howard Bashman The Associated Press is reporting: You can access here an article headlined "Deal Reached on Abortion Procedure Ban"; here "Mich. Bill Would Ban Certain Abortions"; here "Malvo Summoned for Muhammad's Hearing"; here "U.S. to Revoke Alleged Nazi's Citizenship"; and here "Synagogue Bookkeeper Convicted of Fraud." Posted at 23:00 by Howard Bashman "Suddenly, prisons full of 'retarded'; A high-court ruling brings a flood of death-row appeals." This past Sunday's edition of The Philadelphia Inquirer contained this report (via "Overlawyered"). Posted at 21:03 by Howard Bashman "Court overturns $94 million punitive damages award in crane collapse": The Milwaukee Journal-Sentinel has this report on a ruling that the Wisconsin Court of Appeals issued today. This case involved what was apparently the largest personal injury award in Wisconsin history. Posted at 20:56 by Howard Bashman "Justice Verniero to Step Down in August": The New York Times this evening has a news update reporting that "Justice Peter G. Verniero of the New Jersey Supreme Court, who came close to impeachment in 2001 in the furor over racial profiling in the state, said today that he would step down next August." Posted at 19:40 by Howard Bashman Reuters is reporting: You can access here an article headlined "Supreme Court to Decide Death Row Inmate's Appeal"; here "U.S. Seeks to Implement Call List Despite Court"; and here "Rambus stock up after case not on Supreme Court list." Posted at 17:34 by Howard Bashman "48-Hour Internet Outage Plunges Nation Into Productivity": The brand new issue of The Onion contains this report. Posted at 16:56 by Howard Bashman "Fla. High Court Sets Aside DNA Deadline": The Associated Press provides this report. Update: You can access today's order of the Supreme Court of Florida at this link. Posted at 16:37 by Howard Bashman "San Francisco Jurist Confirmed to Ninth Circuit Bench": The Metropolitan News-Enterprise today has this report. Posted at 16:26 by Howard Bashman Access online the Alabama Ten Commandments case petition for writ of certiorari: It's available here, in PDF format. Posted at 16:11 by Howard Bashman "Court clerk improves world's rule of law": This past Sunday, The Salt Lake Tribune published this profile of Markus B. Zimmer, who serves as Clerk of Court for the U.S. District Court for the District of Utah. Posted at 15:35 by Howard Bashman The Associated Press is reporting: You can access here an article headlined "Jordan Denied Funds in Lewinsky Probe"; here "FTC Not Adding People to Do-Not-Call List"; and here "N.C. Death-Row Inmate Seeks Clemency." Posted at 14:48 by Howard Bashman "Senate Confirms Carlos T. Bea to Serve on Ninth Circuit Court of Appeals": The U.S. Court of Appeals for the Ninth Circuit has issued this press release. One point that I neglected to mention last night when I noted Judge Bea's confirmation is that the Ninth Circuit now only has one vacancy. Posted at 14:37 by Howard Bashman "You're on Candid Cellphone! As Camera Phones Proliferate, Health Clubs, Courtrooms, Celebrity Haunts Ban Them." The Wall Street Journal today contains this report (via "Obscure Store"). Posted at 14:24 by Howard Bashman "Lawyer making trip to court charged with drug possession": Today's edition of The Houston Chronicle reports here that "Houston lawyer Stanley Duane Wilkinson went into court last week to represent a defendant. But he became a defendant himself." Posted at 14:21 by Howard Bashman What liberal Ninth Circuit? Today an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued its long-awaited ruling in EEOC v. Luce, Forward, Hamilton & Scripps. The question presented was: For the arbitration of employment discrimination disputes, did the U.S. Supreme Court decision in Circuit City v. Adams, 532 U.S. 105 (2001), overrule this court's holding in Duffield v. Robertson Stephens & Co., 144 F.3d 1182 (9th Cir. 1998), which held that the 1991 amendments to Title VII of the 1964 Civil Rights Act preclude the enforcement of arbitration clauses entered into as a condition of employment with respect to Title VII causes of action?Today, by a vote of 8-3, the en banc court concluded that Circuit City did not overrule Duffield but Duffield nonetheless was wrongly decided and thus is hereby overruled by the court en banc. Circuit Judge Stephen Reinhardt was the author of one of two dissenting opinions that accompanied the ruling. Judge Reinhardt's dissent, in which Circuit Judge Harry Pregerson joined, concludes: Today's decision by this en banc court constitutes a wilful judicial rebuke of Congress's effort to protect the rights of American workers to trial by jury in race and sex discrimination cases. Contrary to the clear will of Congress, my respected colleagues invite employers to discharge (and/or not to hire) any woman, or any African American, Hispanic, Native American, or other minority group member, who has the courage to refuse to surrender his hard won right to confront, and thereby hold liable, his persecutor in the federal courts. After today, we have a little less of a dream. I dissent.You can access the complete ruling at this link. Posted at 13:29 by Howard Bashman Soon to be receiving each other's mail? Yesterday President Bush nominated William J. Haynes II to serve on the U.S. Court of Appeals for the Fourth Circuit. Of course, William J. Haynes II should not be confused with U.S. District Judge William J. Haynes, Jr. of the Middle District of Tennessee. Posted at 13:29 by Howard Bashman "Rape victim getting out of jail": The Cincinnati Enquirer provides this news update. Today's edition of that newspaper contained an article headlined "Jailed woman now will testify; Claimed rape but skipped court." An editorial is entitled "Intimidated witnesses: Victim jailed: Accused freed." And columnist Laura Pulfer has an essay entitled "The wrong messenger. Judge: Justice depends on the bravery of victims." Posted at 13:15 by Howard Bashman "High Court to Review Pa. Death Row Case": Gina Holland of The Associated Press has this report. Posted at 12:36 by Howard Bashman In news from Harvard and Yale: The Yale Daily News today contains an article headlined "Letters detail protracted Yale, military dispute; Papers detail recruiting conflict dating to 1984." The Harvard Crimson, meanwhile, reports that "Flynt Bashes Feminists, Lauds ACLU in Speech." And Law Professor Alan M. Dershowitz has a letter to the editor that appears under the heading "Plagiarism Accusations Political, Unfounded." Posted at 12:20 by Howard Bashman Today's U.S. Supreme Court order list is now available online: You can access it at this link, via The Associated Press. Posted at 12:05 by Howard Bashman The D.C. Circuit's Division for the Purpose of Appointing Independent Counsels has some bad news for attorney Vernon A. Jordan, Jr.: Jordan sought reimbursement of $302,719.82 in attorneys' fees. In a ruling you can access here, the court today awarded to him just $1,215.00. Posted at 11:42 by Howard Bashman You're out of order: I have some wonderful news to report this morning in connection with this Web log's monthly "20 questions for the appellate judge" feature. The Chief Judge of the U.S. Court of Appeals for the Tenth Circuit, Deanell Reece Tacha, will be the interviewee in January 2004. For those keeping track, Eleventh Circuit Judge Stanley F. Birch, Jr. will be the October 2003 interviewee, and his interview will appear online here on Tuesday, October 7, 2003, which is one week from today. Senior Eighth Circuit Judge Richard S. Arnold will be the November 2003 interviewee. And, as reported above, Chief Judge Tacha has volunteered to participate in January 2004. What this all means, of course, is that I'm still looking for a federal or state court appellate judge to volunteer to be the December 2003 interviewee. To volunteer, simply send me an email (a process that you can initiate by clicking here). The December 2003 interviewee will receive from me via email all twenty questions in writing on November 7, 2003, and he or she would need to return via email to me his or her written answers sometime before the first Monday in December. Posted at 11:20 by Howard Bashman In news from Hawaii: The Honolulu Advertiser today reports that "Non-Hawaiians back school in lawsuits." And The Associated Press reports here that "Judge Sets Trial for Marcos Plaintiffs." Posted at 11:20 by Howard Bashman Not quite yet the end of an era: In response to this post from earlier this morning, someone in-the-know emails: In response to your question about Emory Widener, he originally announced he would take senior status as of today. He recently sent in a letter modifying the effective date for taking senior status so that it would commence upon the qualification of his successor. I suppose he didn't want there to be a gap between his tenure and that of his successor.As I reported here last night, President Bush yesterday nominated the General Counsel of the Department of Defense to fill the vacancy that will be created when Judge Widener takes senior status. Posted at 11:15 by Howard Bashman The wire services are reporting: James Vicini of Reuters reports here that "High Court to Decide State Bankruptcy Immunity" and here that "Supreme Court to Hear Austria Appeal on Paintings." And Gina Holland of The Associated Press reports here that "Supreme Court to Hear Stolen Art Suit." Posted at 11:08 by Howard Bashman The Supreme Court of the United States has today granted review in ten cases: The big news, however, is that the Pledge of Allegiance case is not on the list. Could summary action be on the way soon in that case? Time will tell. The Court today granted review in No. 02-1593-BedRoc v. USA (scope of mineral reservation in land patent); No. 02-1606-TN Student Assistance v. Hood (does Congress have authority to abrogate state sovereign immunity under bankruptcy clause of U.S. Constitution); No. 02-1657-Scarborough v. Principi (availability of attorneys' fees under Equal Access to Justice Act); No. 02-1684-Yarborough, Alvarado (when is a juvenile deemed to be in custody for purpose of Miranda warnings); No. 02-1809-Hibbs, Dir AZ Dept Revenue v. Winn (interplay between Tax Injunction Act and state tax credits); No. 02-11309-Smith v. Dretke, Dir. TX DCJ (access the Fifth Circuit's ruling below at this link); No. 03-13-Austria v. Altmann (jurisdictional scope of Foreign Sovereign Immunities Act ); No. 02-1541-Iowa v. Tovar (extent of warnings that must be given to pro se defendant before court can accept guilty plea); No. 02-1603-Beard, Sec PA DOC v. Banks (did the Supreme Court's decision in Mills v. Maryland announce a new rule of law not applicable on habeas review); and No. 03-107-USA v. Lara (does a federal statute restore Indian Tribes' sovereign power to prosecute members of other Tribes, so that a federal prosecution following a tribal prosecution for an offense with the same elements is valid under the Double Jeopardy Clause of the Fifth Amendment). law.com's Tony Mauro previously previewed many of leading candidates for review in an article you can access here. For those desiring even more details about the cases granted review today, a visit to "SCOTUSblog" is in order. Posted at 10:00 by Howard Bashman Available online at Town Hall: Dennis Prager has an essay entitled "Caucasian clubs and race-based cookies." Mona Charen has an essay entitled "Free speech confusion." And Debra Saunders has an essay entitled "Foie Gras work out." Posted at 09:52 by Howard Bashman Available at National Review Online: Peter N. Kirsanow, who serves as a member of the U.S. Commission on Civil Rights, today has an essay entitled "Still Unconstitutional: Supreme discrimination." And Professor Peter W. Wood has an essay entitled "Imaginary Friends: How to write a diversity essay." Posted at 09:48 by Howard Bashman End of an era: Appellate advocate Roy T. Englert, Jr. emails: On Tuesday, September 30, Judge Emory Widener of the Fourth Circuit takes senior status. With that action by Judge Widener, there are no longer any active federal circuit judges who were nominated by President Nixon. The only judges nominated by Nixon to federal appellate positions who are still on active (as opposed to senior) duty are Chief Justice Rehnquist, nominated to the Supreme Court by Nixon and elevated to Chief Justice by Reagan; and Justice Stevens, nominated to the Seventh Circuit by Nixon and elevated to the Supreme Court by Ford.Englert's email goes on to note that those Carter appointees may not be listed in order of appointment. Interestingly, Judge Widener's last day in regular active service had previously been listed online here as September 30, 2003, but now that document states that the date of his assumption of senior status is "To be determined." Perhaps one of my readers with knowledge of the Fourth Circuit can explain what's up. And speaking of Judge Tjoflat, he participated in this Web log's "20 questions for the appellate judge" feature in August 2003, and you can access his interview at this link. Posted at 09:39 by Howard Bashman The decision of the Supreme Court of Michigan suspending a trial judge for smoking pot is now available online: You can access the decision at this link. A concurring opinion begins, "I write in concurrence because of the extraordinary character of the dissent." Thanks much to those readers who have so diligently kept an eye out for the posting of this ruling online. Posted at 09:29 by Howard Bashman In news from Mississippi: The Clarion-Ledger today reports here that "The public will get a rare behind-the-scenes glimpse of the state Supreme Court when Mississippi's judicial watchdog convenes Oct. 29 to hear allegations leveled by five justices against fellow Justice Chuck McRae." An editorial is entitled "Supreme Court: Internal squabbles self-defeating." Eric Stringfellow has an essay entitled "McRae's lame-duck term harmful to high court." And click here to view today's editorial cartoon. Posted at 06:55 by Howard Bashman "Moore appeals to high court": Today's edition of The Montgomery Advertiser contains this report. Posted at 06:53 by Howard Bashman In Tuesday's newspapers: The New York Times reports here that "Appeals Strategy Lies Behind Prosecutors' Decision in Terror Case." In other news, "F.C.C. Chief Will Enforce Phone Curbs." An article reports that "U.S. Charges Islamic Leader Who Met Bush." And an op-ed by Law Professor Ian Ayres is entitled "Dialing for Dollars." The Washington Post reports here that "Rarely Invoked Statute Could Play a Role; Few, if Any, Have Been Prosecuted Under 1982 Law to Shield Agents' Identities." An article reports on "Another Day of Ups, Downs for Do-Not-Call List." In other news, "Use of Subpoenas to Name File Sharers Criticized." An article reports that "U.S. Charges Activist Over Links to Libya; Muslim Leader Lobbied on Sanctions." An editorial is entitled "The No-Call Catch-22." And a letter to the editor appears under the heading "Punishing Juvenile Offenders." Posted at 06:30 by Howard Bashman Monday, September 29, 2003
Coming soon? On Tuesday morning, the Supreme Court of the United States is expected to announce some grants of review from the many, many petitions for writ of certiorari that have accumulated over the summer months. Stay tuned for complete coverage.
Posted at 23:59 by Howard Bashman
"The Oregonian confuses issues on judicial nominations": The Oregonian today published this guest commentary by Senate Judiciary Committee Chairman Orrin G. Hatch (R-UT). Posted at 23:57 by Howard Bashman Elsewhere in Monday's newspapers: The Washington Times reports here that "Amendment key to abortion bill's fate." And Nat Hentoff has an op-ed entitled "Teen-agers and abortion." The Los Angeles Times reports here that "One Last City Is Scanning for Faces in the Crowd; Virginia Beach, Va., is sticking with its controversial system of surveillance despite indications that it has little effect on crime." In other news, "Law Won't Deter Spam, Experts Say; Critics of a measure signed by Gov. Davis say it may be ineffective against junk e-mail and spur frivolous lawsuits." From Sacramento comes a report that "GOP Stirs Megan's Law Debate; Assembly Republicans want to do more than simply extend it." And in local news, "Accidental Gunshot Tests Culpability; Jury selection begins today for a Dana Point man whose shotgun blast tore off his daughter's forearm and damaged her kidney." In The Boston Globe, E.J. Graff has an op-ed entitled "California leads on civil unions." And columnist Adrian Walker has a death penalty-related essay entitled "Latest turn on death." Posted at 23:40 by Howard Bashman "Judge nominated for Eighth U.S. Circuit Court": The Kansas City Star provides this report. Posted at 23:36 by Howard Bashman "Battling God's ouster from government": This article appears today in The Salt Lake Tribune. Posted at 23:35 by Howard Bashman "Attorney general charged; 6 misdemeanor charges filed in court": Tuesday's edition of The Pacific Daily News of Guam contains this article. Posted at 23:34 by Howard Bashman Judge Justice in the news: The San Antonio Express-News today provides this report. Posted at 23:15 by Howard Bashman "Cat blamed for courts power outage": The Chicago Tribune provides this report. Sadly, according to the article, "The cat did not survived [sic]." Posted at 23:00 by Howard Bashman "Major challenge to Minnesota campaign laws headed to court": Tuesday's edition of The Minneapolis Star Tribune will contain this report. Posted at 22:44 by Howard Bashman "PFAW Foundation and Allies Appeal Secret Arrest Case to Supreme Court; Constitutional and Civil Liberties Groups Ask High Court to Review Justice Department’s Refusal to Release Detainee Information": The group People For the American Way today issued this press release. Posted at 22:43 by Howard Bashman "Newspaper at UF takes Earnhardt autopsy photos case to high court": The Associated Press has this report. And the Knight Ridder news service reports that "College newspaper picks up fight for autopsy access." Posted at 22:42 by Howard Bashman "Critics Say Frist, Republicans Not Tough Enough": FOXNews yesterday had this report. Posted at 22:36 by Howard Bashman "Court cases mirror America's tensions": Michael Kirkland, who covers the U.S. Supreme Court for United Press International, has this look at the upcoming Term. Posted at 22:34 by Howard Bashman The cost of taking an appeal in federal court is going way up: In relative terms, at least. Currently a notice of appeal must be accompanied by a filing fee of $105.00. Effective November 1, 2003, the filing fee increases to $255.00. The Fifth Circuit's Web site provides the details here. Posted at 20:46 by Howard Bashman Today's Ten Commandments news: The Associated Press reports here that "Moore files Ten Commandments appeal with Supreme Court" and here that "Rally Supports Ten Commandments Display." The Atlanta Journal-Constitution reports here that "Politicians rush to support Ten Commandments rally." The Montgomery Advertiser reports here that "Moore's 'display' starts tour." Finally for now, you can access via this link a copy of the petition for writ of certiorari filed in the U.S. Supreme Court. Posted at 19:55 by Howard Bashman The Associated Press is reporting: You can access here an article headlined "Bush Names Judges for 4th, 8th Circuits" and here an article headlined "Moussaoui Seeks Dismissal of Indictment." Posted at 19:54 by Howard Bashman U.S. Senate unanimously confirms Carlos T. Bea to serve on the U.S. Court of Appeals for the Ninth Circuit: You can access the official roll call vote at this link. The vote was 86-0. Judge Bea will be the fourth nominee of George W. Bush to reach the Ninth Circuit, but he won't be the oldest nominee ever commissioned to join a U.S. Court of Appeals. Posted at 19:13 by Howard Bashman The White House nominates William J. Haynes II to fill impending Fourth Circuit vacancy: Haynes, who serves as General Counsel for the Department of Defense, was nominated today to fill the vacancy that will arise when Fourth Circuit Judge H. Emory Widener, Jr. takes senior status. Posted at 18:43 by Howard Bashman The Associated Press is reporting: Gina Holland reports here that "Punishment Issue Splits Ashcroft, Judges." In other news, you can access here an article entitled "Bush Signs Do-Not-Call List Into Law"; here "Utah Won't Pursue Chemotherapy for Boy"; here "Louisiana Lowers Drunken Driving Level"; here "N.J. Criminalizes Driving While Tired"; here "Man Charged in Violating Libya Sanctions"; here "Florida Monitors 100 Illegal Immigrants"; and here "Woman Convicted in Murder Blamed on Paxil." Posted at 17:32 by Howard Bashman "Does 'under God' do justice to all? Briefs before high court show Americans divided over pledge." Claire Cooper, legal affairs writer for The Sacramento Bee, today has this report. Posted at 17:25 by Howard Bashman On remand from U.S. Supreme Court, U.S. Court of Appeals for the Federal Circuit again upholds $50 million punitive damages award: This case was among the cases that the Supreme Court of the United States returned to lower courts for reexamination in light of the High Court's ruling in State Farm Mut. Automobile Ins. Co. v. Campbell (my summary of that ruling is available here). Today a unanimous three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued a decision concluding that the ruling in State Farm required no reduction of the $50 million in punitive damages that the Federal Circuit had previously upheld. Posted at 17:15 by Howard Bashman "The Eleventh Circuit appears to have become a locus for pole attachment disputes." No, today's ruling of the U.S. Court of Appeals for the Eleventh Circuit (from which the title of this post quotes) is not related to the constitutional challenge against the Alabama statute prohibiting the distribution of sex toys that was argued before that appellate court last week. Posted at 17:06 by Howard Bashman Second Circuit decides Stephenson v. Dow Chemical Co. on remand from U.S. Supreme Court: A further remand to the district court appears to be in order in this case relating to Agent Orange. You can access today's Second Circuit ruling at this link, and the U.S. Supreme Court's decision from June 9, 2003 is accessible here (plus, my coverage of that decision is here). Posted at 16:54 by Howard Bashman "N.H. Court Trashes Private Garbage Search": The Associated Press reports here that "The New Hampshire Supreme Court ruled Monday that garbage is private, even when it has been put out near the street for collection. The 4-1 decision runs counter to rulings by the U.S. Supreme Court and high courts in most other states. But the court said New Hampshire's constitution provides a stronger expectation of privacy than the U.S. Constitution." You can access today's ruling of the Supreme Court of New Hampshire at this link. Posted at 16:50 by Howard Bashman "View from the Right: The Ninth Circus." SF Gate, the Web site that hosts the content of The San Francisco Chronicle, today offers this essay by Adam Sparks. Posted at 16:43 by Howard Bashman The White House nominates Raymond W. Gruender to fill Eighth Circuit vacancy: Gruender, who serves as U.S. Attorney for the Eastern District of Missouri, was nominated today to fill the vacancy created when Eighth Circuit Judge Pasco M. Bowman took senior status on August 1, 2003. Posted at 16:29 by Howard Bashman In today's issue of The Harvard Crimson: An article reports that "Dershowitz Accused Of Plagiarism; Law school professor denies he relied on another’s work." In other news, "Panel Brings Law School Deans to Undergrads; Admissions heads spill the beans on how to get accepted." And an editorial is entitled "'Don't Ask,' Do Litigate; HLS should challenge unfair amendment, turning words into action on gay rights." Posted at 14:44 by Howard Bashman "Fed directive may clog courts": Today's edition of The Rochester Democrat and Chronicle contains this report. Posted at 14:39 by Howard Bashman "FCC Says It Will Enforce Do-Not-Call List": The Associated Press provides this report. You see, the federal government agency that's been enjoined from enforcing the list is the FTC, not the FCC. Posted at 14:36 by Howard Bashman This week's Senate Judiciary Committee hearing on judicial nominations will focus entirely on one nominee: The nominee who gets an entire judiciary committee hearing all to herself is Dora L. Irizarry, whom President Bush has nominated to serve on the U.S. District Court for the Eastern District of New York. The hearing is scheduled to begin at 10 a.m. on Wednesday, October 1, 2003. Why is this federal district court nomination receiving this intense level of attention? This article from law.com and this article from The New York Post, both published back in June 2003, may provide at least part of the answer. Posted at 14:20 by Howard Bashman "Courting a decision": The Barre-Montpelier Times Argus recently published an editorial that begins, "The decision on whom to choose for a seat on the U.S. Second Circuit Court of Appeals, replacing Fred Parker of Vermont who died in August, is a complicated one this time." Posted at 14:03 by Howard Bashman "Bush to sign 'do-not-call' bill": CNN.com provides this report. Posted at 13:50 by Howard Bashman The Associated Press is reporting: You can access here an article headlined "New Law Passed to Block Concert Suicide" and here an article headlined "Amtrak Asks Court to Halt Planned Walkout." Posted at 13:38 by Howard Bashman "Crescat Sententia" has a new address: And the blog is now powered by Movable Type. To inaugurate the new site, enjoy this interview with Election Law Professor and Blogger Rick Hasen. Posted at 12:16 by Howard Bashman "Drunk judge fined £800; A district judge has been fined a total of £800 following a drunken argument in a kebab shop." BBC News provides this report. Posted at 11:49 by Howard Bashman Can't we all just get along: Yesterday evening, I noted here an Associated Press report from Mississippi that "A judicial review board has launched an inquiry into allegations against a state Supreme Court justice, including claims that he threatened to 'whip' the chief justice and intentionally delayed cases as payback before his term on the court ends." Today a reader forwards along the link to this recent ruling of the Supreme Court of Mississippi. The ruling contains a concurring opinion in which five justices have joined that states, among other things: "I exhort Presiding Justice McRae to cease making attacks on his fellow Justices and on the Court as a whole." (See page 71 of the 72-page PDF file.) And if this were not enough excitement for one court, back in July 2003 a federal criminal indictment was handed up against another justice then serving on that court. Looking on the bright side, at least one of the justices is not accusing another of trying to run him over with an automobile, an accusation once raised by a now-former justice on the Supreme Court of Pennsylvania. Back before the Supreme Court of Mississippi's current troubles arose, Mississippi Supreme Court Justice Kay B. Cobb participated in this Web log's "20 questions for the appellate judge" feature. You can access the complete interview, and thereby learn a bit more about that court, via this link. Posted at 10:55 by Howard Bashman "Feeding tube case inflames emotions; As the date gets closer for disconnecting Terri Schiavo, testy messages are reaching those associated with the case." The St. Petersburg Times today contains this report. Posted at 09:48 by Howard Bashman "Scholarship fight a lesson in resolve; UNC student's battle aids Pacific Islanders": This article appears today in The Denver Post. Posted at 09:45 by Howard Bashman "Leaders rally for religion; State Capitol event to support Ten Commandments displays": Today's edition of The Atlanta Journal-Constitution contains this report. Posted at 09:38 by Howard Bashman The law blog "Mellow-Drama" presents "Raising the Bar": It's described as a "collection of the best posts from around the blawg world" and is slated to appear every Monday. You can access the "Mellow-Drama" blog at this link. Posted at 06:57 by Howard Bashman In the October 6, 2003 issue of The New Yorker: Pulitzer Prize-winning author Louis Menand -- one of my favorite writers, especially when he is writing about writing -- reviews the fifteenth edition of The Chicago Manual of Style. The final paragraph of the book review shouldn't be missed: Some people will complain that the new "Chicago Manual" is too long. These people do not understand the nature of style. There is, if not a right way, a best way to do every single thing, down to the proverbial dotting of the "i." Relativism is fine for the big moral questions, where we can never know for sure; but in arbitrary realms like form and usage even small doses of relativism are lethal. The "Manual" is not too long. It is not long enough. It will never be long enough. The perfect manual of style would be like the perfect map of the world: exactly coterminous with its subject, containing a rule for every word of every sentence. We would need an extra universe to accommodate it. It would be worth it.Of course, the book review also mentions every lawyer's favorite manual of citation, "The Blue Book." Elsewhere in the issue, Ben McGrath has a "Talk of the Town" essay entitled "A Lawyer Walks Into a Bar." Posted at 06:45 by Howard Bashman In Monday's newspapers: The Washington Post reports here that "Sniper Case Probe Reaches 'Crunchtime'; Trial Looms a Year After Killings." In other news, "Trade Group To Abide by No-Calls List." And an editorial is entitled "The Moussaoui Mess." The New York Times reports here that "A.C.L.U. Challenges Music Industry in Court." And in other news, "Ex-Tyco Chief, Free Spender, Going to Court." The Christian Science Monitor reports here that "States reconsider drastic court cutbacks; After delaying or even nixing some trials, New Hampshire and Oregon restore funds." An editorial is entitled "Saving Do-Not-Call Lists." And an op-ed by Dennis Jett is entitled "Dirty wars cast shadow on virtues of Patriot Act." Posted at 06:30 by Howard Bashman Sunday, September 28, 2003
"High Court to Weigh 'One Nation, Under God' Petition; Among many appeals before the justices looms a battle over the place of religion in America." David G. Savage will have this article in Monday's issue of The Los Angeles Times.
Posted at 23:50 by Howard Bashman
Elsewhere in Sunday's newspapers: The Los Angeles Times reports here that "Opinions Vary on Ten Commandments Ban; Since the high-publicity ruling ordering a Decalogue's removal from one courthouse, displays in two others have survived challenge." You can access here an article about another unfavorable review-related lawsuit against Consumer Reports; the article is headlined "Protecting a Sharper Image: After staging a comeback, the retailer's founder takes aggressive steps to sustain momentum." A guide to Proposition 54 is accessible here. In other news, "Freedom of Expression Is Tested in 2 Cases at 'the Un-Berkeley.'" And an editorial is entitled "No on Propositions 53 and 54." Today's edition of The Boston Globe contains an editorial entitled "The politics of death." Relatedly, Jeff Jacoby has an op-ed entitled "Execution saves innocents...," while James Alan Fox has an op-ed entitled "...Foolproof or foolish?" Posted at 23:32 by Howard Bashman "Lawmakers brace for high court ruling on gay marriage": This article appears in today's edition of The Berkshire Eagle. Posted at 23:21 by Howard Bashman "Ten Commandments tour will end at Supreme Court": Today's issue of The Huntsville Times provides this report. Posted at 23:20 by Howard Bashman "Supremes are disarmingly wrong again": So contends Cincinnati Enquirer columnist Peter Bronson in an essay you can access here. Posted at 23:19 by Howard Bashman "Life with concealed carry; Minnesota's experience with new gun law has a Missouri ring": This article appears in today's edition of The Kansas City Star. Posted at 23:17 by Howard Bashman "A long haul for Enron grand jury": Today The Houston Chronicle contains this report. Posted at 23:15 by Howard Bashman "Q&A: After ruling for Hearst, what's next in newspaper fight." A freelance writer hired on a special contract by The Seattle Times to cover events involving that newspaper's joint operating agreement with The Seattle Post-Intelligencer today has this report. Posted at 23:14 by Howard Bashman "Legal immigrants with criminal pasts are being detained": The San Diego Union-Tribune today reports here that "At least 4,000 legal immigrants who have been convicted of crimes and completed their sentences are being rounded up and held without bail because of a recent U.S. Supreme Court ruling." Posted at 23:11 by Howard Bashman "Lawsuit on profit in Laci slaying; Mother seeks to keep Peterson from benefiting": Today's issue of The San Francisco Chronicle contains this report. Posted at 23:10 by Howard Bashman "Castaneda Dispute Reaches State Supreme Court; Anthropologist suing another for defamation": This article appears in today's edition of The Santa Fe New Mexican. Posted at 23:09 by Howard Bashman "Peephole case gets national attention; lawyers disagree on motive of publicity": The Midland Reporter-Telegram contains this report today. Posted at 23:07 by Howard Bashman "'Enforce federal voting law'": The Saipan Tribune reports here in Monday's edition that "A veteran lawmaker has asked both national Republican and Democratic parties in Washington D.C. to urge the U.S. Attorney General to enforce the provision of two laws that would allow mainlanders in the Commonwealth to vote in U.S. general elections." Posted at 23:05 by Howard Bashman "Voting machines taking heat; Critics say touch-screen systems lack a paper trail, among other things." Today's edition of The Sarasota Herald-Tribune contains this report. Posted at 23:03 by Howard Bashman "New judge -- bad news for Everglades?" The Orlando Sentinel addresses that question in a report you can access here. And The South Florida Sun-Sentinel reports here that "New 'Glades judge sets hearing." Posted at 23:02 by Howard Bashman "Has three-strikes law made state's streets safer? After 10 years on the books, opinion is divided on if it works." Bob Egelko has this article in today's issue of The San Francisco Chronicle. Posted at 22:59 by Howard Bashman "S.C. economy could profit from Gullah study; Study suggests taking advantage of cultural tourism possibilities with centers": The State today provides this report. Posted at 22:58 by Howard Bashman In news from Utah: The Deseret Morning News today reports here that "ACLU suit in plaza dispute is called harmful" and here that "Plural wives plead case; Make polygamy legal in Utah, Shurtleff is told." Posted at 19:33 by Howard Bashman "Judges' phones ring off the hook": Today's edition of The Denver Post contains this article. Posted at 19:29 by Howard Bashman "Panel Launches Inquiry Into Miss. Judge": The Associated Press reports here that "A judicial review board has launched an inquiry into allegations against a state Supreme Court justice, including claims that he threatened to 'whip' the chief justice and intentionally delayed cases as payback before his term on the court ends." Posted at 18:15 by Howard Bashman "Pledge Case Leads High Court's Long Conference": Tony Mauro has this report. And law.com reports here that "Fetal Rights at Issue in South Carolina Case." In other news of interest from the U.S. Supreme Court, last Monday the Court asked the State of California to file a brief in opposition to the petition for writ of certiorari in Silveira v. Lockyer, a case that asks the Court to determine whether the Second Amendment guarantees an individual right to bear arms. You can access the Ninth Circuit's ruling in that case at this link, the dissents from the Ninth Circuit's order denying rehearing en banc at this link, and what purports to be the gun owner plaintiffs' cert. petition at this link. Although the first Monday in October is still over one week away -- and the first oral argument of the new Term isn't until the first Tuesday in October due to a Jewish holiday -- the Court could announce additional cert. grants as early as tomorrow afternoon. You can access the Court's argument calendars for October, November, and December 2003 simply by clicking on the month(s) in which you are interested. Posted at 16:55 by Howard Bashman CitizenLink presents an interview with Robert H. Bork: You can access the interview at this link. Posted at 16:45 by Howard Bashman "Muhammad, Malvo ties began with Antigua swap; Teen-age sniper suspect's mother gave him to man for forged travel papers": This article appears today in The Baltimore Sun. Posted at 12:25 by Howard Bashman "OK for voting machines relieves state officials": The Atlanta Journal-Constitution today has this report. Posted at 12:20 by Howard Bashman "Gay marriage stirs conservatives again; Right wing braces for Mass. ruling": This article appears in today's edition of The Boston Globe. Posted at 10:25 by Howard Bashman "No more Mr. Nice Federal Prosecutor Guy": The Fort Worth Star-Telegram today contains this op-ed by J.R. Labbe. Posted at 10:23 by Howard Bashman "'Guide to clean living' a national Ten Commandments drama": Columnist Jan Jarboe Russell has this essay in today's issue of The San Antonio Express-News. Posted at 10:21 by Howard Bashman "No single policy for racial data; Many inconsistencies in how it's gathered; Prop 54 foes say information is still necessary." The Sacramento Bee today contains this report. And John Rosenberg has a blog post entitled "Dramatic New Poll: Minorities Support Prop. 54!" Posted at 09:36 by Howard Bashman "News media may withhold gruesome images, but Internet sets them free": This article appears in today's edition of The Pittsburgh Post-Gazette. Posted at 09:22 by Howard Bashman In Sunday's newspapers: The New York Times reports here that "States Moving to End Tribes' Tax-Free Sales." An article reports that "If Ole Shep Passes On, This Law Could Help." The Magazine section contains an essay headlined "Subversive Reading." An article about criminal sentencing is headlined "Rethinking the Key Thrown Away." An editorial is entitled "The Right's Grip on the Capitol." And Law Professor George Fisher has an essay headlined "A Practice as Old as Justice Itself." A front page article in The Washington Post is headlined "Road Leads to Alaska-Size Standoff; It's Hillbilly Heaven vs. Park Service." In the Book World section, a review is entitled "Civil Liberties: Is the war on terror compromising our liberty? Four books sound the alarm." And an op-ed by Rachel Simmons is entitled "Cliques, Clicks, Bullies And Blogs." Posted at 09:00 by Howard Bashman "Wife sues to make casino ban husband; She says his bets are ruining family": Today's edition of The Cincinnati Enquirer contains this report. Posted at 08:44 by Howard Bashman Saturday, September 27, 2003
"Senate should confirm Bill Pryor to 11th Circuit Court of Appeals": Bob Martin, the editor and publisher of The Montgomery Independent, has written this op-ed. (Thanks to "Southern Appeal" for the pointer.)
Posted at 23:44 by Howard Bashman
"No-call list still in limbo; Third ruling in four days merely adds to confusion": Today's edition of The Denver Post provides this coverage. And The Rocky Mountain News contains an article headlined "No-call on the line: Appeals court prepares to consider issues of privacy vs. free speech." Posted at 23:40 by Howard Bashman Elsewhere in Saturday's newspapers: The Washington Times reports here that "FTC eyes Plan B on junk calls." The article happens to include what purports to be the telephone number of the second U.S. District Judge to enjoin the federal "do not call" list. An article reports that "Sniper suspect seeks to quash statements." In business news, "Analysts caution fast-food industry." And in other news, "'Jesus' ban in park spurs suit." The Los Angeles Times reports here that "Popular Do-Not-Call Law Faces Months of Delays." An article reports that "Prison Camp Interpreter Had Tickets to Syria; Lawyers say airman accused of spying at Guantanamo was only planning a family trip." In other news, "6 Jurists Are Confirmed to Fill Vacancies in State Court of Appeal; The appointees include four women, the largest number elevated at the same time to that bench in state history." An article reports that "Groups on Both Sides Oppose Marijuana Bill." And in other local news, "Law Targets Evidence in Sex Assaults; Victims must be notified by law enforcement agencies if they intend to destroy rape kits before the 10-year statute of limitations runs out." Posted at 23:25 by Howard Bashman "Jury awards woman $19.5 million": The Lincoln Journal Star today reports here that "A Lancaster County jury Friday returned what is believed to be the largest-ever monetary award in Nebraska to a Lincoln woman severely injured when the Chevrolet sport-utility vehicle she was a passenger in rolled over." Posted at 23:24 by Howard Bashman "Lingle says jails need replacing": This article appears today in The Honolulu Advertiser. Posted at 23:06 by Howard Bashman "Murder Appeal Centers On Technology": The Hartford Courant today provides this report. Posted at 23:01 by Howard Bashman "UND law clinic can aid clients v. Fargo; Attorney general's opinion affirms school's right to take on 'Ten Commandments' suit": Today's edition of The Grand Forks Herald contains this report. Posted at 22:56 by Howard Bashman "Judge who admitted smoking pot at concert hit with six-month suspension": This article appears today in The Detroit Free Press. Posted at 22:46 by Howard Bashman "Judges delay smoking ban. Lexington curbs won't take effect Monday; 'status quo' remains until suits heard." The Courier-Journal of Louisville, Kentucky today provid |