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Friday, April 30, 2004
In Friday's newspapers: The New York Times reports that "White House Criticizes Justice Dept. Over Papers." In business news, "Blow to Builder Over Insurance at Ground Zero"; "Court Ruling in Europe Could Affect Microsoft"; "Key Witness Tells of Deception at Adelphia"; "Picking a Jury for a Case in the Headlines"; and "Judge Backs I.R.S. in Tax Case, Then Accepts Request for a Stay." In regional news, "Former Nurse Pleads Guilty in Death of Patients"; "Families Find Comfort in Guilty Plea, but Many Want to Know What Drove Killer"; "Hospital Where 13 Were Killed Prepares to Face Lawsuits"; "An Emotional Day in Court as Survivors Assail Judge's Reasoning on Holocaust Fund"; "Police Dept. Violated Rights of Sikh Worker, Judge Finds"; and "Brooklyn Judge Faces Trial on Bribe Charge." In sports-related news, "Judge Says Jockeys Can Ride With Ads"; "Federal Investigators Seized Vials From Bonds's Trainer"; "Jury in Williams Trial Decides 6 Counts, but Splits on 2 Others"; and "Bryant Adjusts to 2 Courts in 2 States." And letters to the editor appear under the heading "'Enemy Combatants' and the Court."
The Washington Post reports that "Only Mass. Residents to Get Marriage Licenses; Romney Won't Allow Unions for Out-of-State Gays." In other news, "Ex-Nurse Pleads Guilty to Murders; Man Said That He Killed As Many as 40 Patients." An article reports that "Lea Fastow Reaches New Plea Deal With Enron Prosecutors; Husband to Testify Against Other Insiders." In regional news, "Md. Law Requiring Gun Locks Challenged; Safeties Suffice On New Pistols, Suit Contends" and "Brentwood Postal Workers Push Lawsuit Over Anthrax." In sports-related news, "This Jockey Is Brought To You By...; Riders Are Allowed To Wear Advertising." An article reports that "Pentagon to Try to Fix War Zone Voting Woes." In other news, "Prisons Skew Census Data, Report Says." Sports columnist Michael Wilbon has an essay entitled "While Judicial Process Grinds On, Angelenos Reserve Judgment." And an editorial is entitled "Citizens and Enemies." USA Today reports that "Legal battles of WWII underpin Bush strategy; Decades before war on terror, courts weighed in on enemy combatants, military tribunals and the reach of the judiciary." A related item is headlined "Prominent rulings." In other news, "Bush criticizes release of commissioner's records; 9/11 panel, president talk." And in other news, "New set of charges awaits Jackson; Singer back in court today as indictment is unsealed." The Boston Globe reports that "Romney asks other states' input on marriage law." In other local news, "Acquittal stuns courthouse; Jury finds no 'joint venture' in killing of pregnant teen"; "Verdict seen to reflect growing skepticism"; and "Murder defendant eyes freedom after 30 years." And an editorial is entitled "A threat to all citizens." In The Los Angeles Times, Maura Dolan reports that "Child Custody Rights Refined; A divorced parent's freedom to move away is limited; The state Supreme Court says a child's welfare is paramount in disputes." An article reports that "Massachusetts Limits Gay Marriages." In other news, "Release of Terrorism Memos Angers Bush; The president rebukes his Justice Department for partisan motives in making public documents related to a 9/11 panel member." In regional news, "Smog District Will Not Back Down in Pushing Fleet Rules; Air pollution officials say court ruling does not prevent them from imposing standards on publicly owned and contractor vehicles"; "Scene Set for Today's Jackson Hearing; Santa Maria expects 2,500 fans and hundreds of media members for the star's arraignment on charges contained in a grand jury indictment"; "Guards Win the First Round in Effort to Sue Prisoners Over Assaults; A Chino inmate is ordered to pay $5,000 to a corrections officer, but other suits are in limbo"; and "Campaign Finance Law Is Debated; The principal author defends Orange County's strict measure; Supervisor Norby wants it replaced with more relaxed state limits." An article reports that "Nurse Pleads Out of Death Penalty; Critical care worker who admitting giving 40 patients lethal injections agrees to work with investigators and faces two life sentences." In other news, "Jockeys Win Ad Ruling; A temporary injunction allows riders to wear advertising on pants in the Kentucky Derby." An editorial is entitled "Drama Fit for the Airwaves." Columnist Steve Lopez has an essay entitled "Top Court Ruling as Foul as L.A.'s Air." And letters to the editor appear under the heading "Court Hears Arguments on Executive Privilege." Posted at 23:57 by Howard Bashman Available online from National Public Radio: Today's broadcast of "Morning Edition" contained segments entitled "The Legacy of School Busing"; "World Trade Center Developer Suffers Setback"; and "Four Face Anti-Spam Charges." Also, a quite interesting segment entitled "Interview: Charles Osgood" represents the final interview that Bob Edwards conducted as anchor of the program. Today's broadcast of "Day to Day" contained a segment entitled "The Marketplace Report: WTC Rebuilding Setback." Finally, this evening's broadcast of "All Things Considered" contained segments entitled "Electronic Voting Machines Banned from Four Calif. Counties" and "HIV Scare Sends Adult Film Workers to Clinic." Posted at 23:55 by Howard Bashman Slate discovers "Da Rules": Details here. Posted at 22:48 by Howard Bashman "Draft Moore: Decision Time; The Alabama Supremes say they don't want him back. How about a new job?" Timothy Noah has this essay online at Slate. In related news, The Associated Press is reporting "Moore sued for attorneys' fees in monument case" and "Governor won't rush to name replacement for Roy Moore." Posted at 22:39 by Howard Bashman "Bush administration challenging limits on executive power": Stephen Henderson, who covers the U.S. Supreme Court for the Knight Ridder Newspapers, provides this report. Posted at 22:35 by Howard Bashman Saturday, May 1, 2004 is Law Day: You can access President Bush's proclamation at this link. Posted at 22:29 by Howard Bashman "Jockeys win right to wear advertising": This article appears today in The Courier-Journal of Louisville, Kentucky. Posted at 22:27 by Howard Bashman "Alabama Supreme Court overturns verdict against Hunt Petroleum": The Associated Press reports here that "The state Supreme Court overturned a $24.6 million verdict the state won against Hunt Petroleum in a natural gas royalty dispute, a ruling that could impact the $3.6 billion verdict that Alabama won against Exxon Mobil." Posted at 22:20 by Howard Bashman "Texas' chief justice resigning; Longtime foe of state's system of electing judges will teach law": This article appears today in The Houston Chronicle. That newspaper also contains an op-ed by Judge Mark Davidson entitled "Before he slips into history, praise for a justice." David Pasztor of The Austin American-Statesman reports that "Phillips resigns as chief justice; Judge leaves Supreme Court to teach." The Fort Worth Star-Telegram contains an article headlined "Retiring state Supreme Court chief justice lauded." And The San Antonio Express-News reports that "Top judge at state's high court to resign." Posted at 22:16 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Judge Blocks Lawyer Self-Representation"; "Conn. Panel to Begin Impeachment of Gov."; "Andrea Yates Appeals Convictions"; and "Calif. Official Bans Some Voting Machines." Posted at 22:08 by Howard Bashman "Lawyer seeks seat on court that may suspend him; The Oregon Supreme Court considers whether James Leuenberger tried to delay a trust deed foreclosure case": The Oregonian today contains this article. Posted at 17:12 by Howard Bashman "Delray may give $15,000 to Boy Scouts despite group's anti-gay stand": This article appears today in The South Florida Sun-Sentinel. Posted at 17:10 by Howard Bashman U.S. Court of Appeals judge issues ruling eight and one-half months after his death: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Today's decision proves beyond a doubt that the work of a federal appellate judge indeed never ends, although I cannot help but wonder whether a U.S. Court of Appeals opinion issued eight and a half-months after the authoring judge's death gives rise to a new record. Of course, it would be even more impressive if a federal appellate judge somehow managed to issue an opinion before birth. Posted at 17:01 by Howard Bashman "Roy Moore loses ouster appeal": The Montgomery Advertiser offers this news update. You can access today's unanimous decision by a substitute Supreme Court of Alabama at this link. In other coverage, The Associated Press reports that "Court rejects Roy Moore's appeal of ouster as chief justice." And Reuters reports that "Alabama Won't Reinstate Ten Commandments Judge." Posted at 15:55 by Howard Bashman "Judge faces suspension, fine; The Pasco-Pinellas circuit judge misled voters, the state Judicial Qualifications Commission says; The sanctions must now be reviewed by the Florida Supreme Court": This article appears today in The St. Petersburg Times. Posted at 15:11 by Howard Bashman "Prosecutors Rest Case Against Nichols": The Associated Press provides this report. Posted at 14:45 by Howard Bashman The neutral assignment of judges to serve on panels of the U.S. Courts of Appeals: Many readers may find of interest the law review article that is the subject of this Web page. This detailed list of circuit by circuit practices (which, for reasons unexplained, ignores the existence of the U.S. Court of Appeals for the Federal Circuit, as this blog too once did) appears to be a wonderful resource assuming the information found there is accurate. I quickly glanced at the subsection devoted to the Third Circuit's practices, and no glaring errors jumped out at me. Also available are "Links to images of Judge John Minor Wisdom's personal notes taken during the 1963 Houston Conference" of the U.S. Court of Appeals for the Fifth Circuit, and a link is also provided to the "Blind Justice Act of 1999," a bill that would have required the random assignment of most cases at the court of appeals level. Posted at 14:15 by Howard Bashman "Judge's ruling carves a spot for Jesus in park": This article appears today in The Chicago Tribune. Posted at 12:45 by Howard Bashman "More Senate Judiciary Committee Chicanery": David Limbaugh has this essay online today at Town Hall. Posted at 11:30 by Howard Bashman "Anti-abortion group protests school's ban on T-shirts": The Richmond Times-Dispatch today contains an article that begins, "An anti-abortion group is protesting a school principal's decision ordering students to remove their anti-abortion T-shirts." Posted at 11:28 by Howard Bashman Ninth Circuit to have last word in this California three-strikes case: Henry Weinstein of The Los Angeles Times today has an article headlined "Lockyer Gives Up Three-Strikes Case" that begins, "State Atty. Gen. Bill Lockyer said Thursday he would not appeal further a high-profile three-strikes case in which a federal appeals court ruled that a 25-years-to-life sentence for the theft of a $199 VCR constituted 'cruel and unusual punishment.'" My earlier coverage of this matter can be accessed here. In somewhat related news, today's issue of The California Aggie reports that "Attorney General takes questions from journalism students, UCD Democrats." Posted at 11:10 by Howard Bashman "Renzi wants 9th Circuit cut into 3 new appeals districts": The Arizona Republic today contains this article. Posted at 11:01 by Howard Bashman "Judge speaks about her DUI": This article appears today in The Olympian of Washington State. Posted at 10:54 by Howard Bashman "Appeals court: John Demjanjuk was a guard in Nazi camps, not eligible for citizenship." The Associated Press offers this report on this morning's ruling of the U.S. Court of Appeals for the Sixth Circuit. Posted at 10:49 by Howard Bashman "In 1st decision as judge, Pryor rules for company, arbitration": Tuesday's issue of The Decatur Daily contained this report on a development that I noted here on Monday of this week. Posted at 10:47 by Howard Bashman "Washington's Biggest Crime Problem: The federal government's ever-expanding criminal code is an affront to justice and the Constitution." William L. Anderson and Candice E. Jackson have this essay online at Reason. Posted at 10:41 by Howard Bashman U.S. Court of Appeals for the Third Circuit removes FAIR v. Rumsfeld from oral argument list for May 25, 2004: The Clerk's Office communicated this news today in a letter faxed to counsel in the case. The plaintiffs in this case challenge the constitutionality of the Solomon Amendment, a federal law intended to ensure that the U.S. military has access to on-campus recruitment. You can learn more about the case via this link. Posted at 10:15 by Howard Bashman "Suspect told brother to donate; Prosecution presents intercepted call in trial": Today's issue of The Idaho Statesman contains this article reporting on the terrorism prosecution underway against Sami Al-Hussayen. The Idaho Statesman also supplies this link, which provides access to documents filed in the trial court in that case. Posted at 10:08 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "California Clarifies Child Custody Law"; "Okla. Bombing Survivors Describe Injuries"; "Judge Tosses Suit Vs. Titanic Scavenger"; and "Accused Soldier's Journal Details Prison." Posted at 10:01 by Howard Bashman U.S. Court of Appeals for the Sixth Circuit issues its ruling in United States v. John Demjanjuk: Today's opinion begins: Defendant, John Demjanjuk, appeals from the district court’s order revoking Defendant's citizenship, due to Defendant's illegal procurement of such citizenship, and allowing his naturalization to be set aside pursuant to 8 U.S.C. sec. 1451(a). Because we find that Plaintiff, the United States of America ("Government"), sustained its burden of proving through clear, unequivocal and convincing evidence that Defendant, in fact, served as a guard at several Nazi training and concentration camps during World War II ("WW II"), we concur with the district court that he was not legally eligible to obtain citizenship under the Displaced Persons Act of 1948 ("DPA"). DPA, 62 Stat. 1013. We therefore AFFIRM the district court's order.You can access the complete decision at this link. Posted at 09:50 by Howard Bashman In news from Seattle: The Seattle Post-Intelligencer today contains an article headlined "Justice Sanders will be able to contest complaint" that begins, "Washington Supreme Court Justice Richard Sanders apparently will get a chance to contest a judicial misconduct complaint against him despite his attorney's tardy filing of an answer to the charge." And The Seattle Times reports today that "Top Democrat berates McDermott for pledge omission." Posted at 08:50 by Howard Bashman Trial judge may have once thought this defense to vehicular manslaughter sucked, but jury didn't find the defense too outlandish to swallow: The Hartford Courant today contains articles headlined "A Quick Acquittal: 'Reasonable Doubt All Over' Clears Specyalski" and "Defense Lawyers Say Specyalski Acquittal No Surprise." Yesterday The Courant reported that "Specyalski Jury Hears Sex Theory Closings." My earlier mentions of this case can be found here and here. Posted at 08:44 by Howard Bashman In news from Pennsylvania: The Philadelphia Inquirer today contains articles headlined "Scalia: Focus on Constitution; The high-court jurist told a Phila. lawyers group that the framers' intent has gotten lost in politics" and "Former lawmaker loses appeal; The Pennsylvania Supreme Court upheld Thomas Druce's sentence in a hit-and-run case; He struck and killed a Harrisburg pedestrian in 1999." The Pittsburgh Post-Gazette reports that "Pa. Supreme Court upholds conviction of former legislator." And The Associated Press reports that "Pa. Supreme Court dismisses libel claim over reports about lawsuit against rapper." For additional links relating to yesterday's rulings of the Supreme Court of Pennsylvania, see my earlier posts here (gangsta rap) and here (hit-and-run). Posted at 06:44 by Howard Bashman Thursday, April 29, 2004
"Court Limits Divorced Parent’s Mobility With Children": Maura Dolan has this news update online at the Web site of The Los Angeles Times. Additional relevant links are available here.
Posted at 23:44 by Howard Bashman
Elsewhere in Thursday's newspapers: The Washington Times reports that "Top court hears 'enemy combatant' case." And an article reports that "Conservatives blame Santorum for Specter's win." In USA Today, Joan Biskupic reports that "Justices question denying detainees hearing Terror suspects are U.S. citizens." A related article is headlined "Congress' wording key to terror case; High court debates fate of 2 captives." In other news, "High court nixes agency's strict air-quality standards." An article reports that "Kobe Bryant trial possible in August; NBA star will enter his plea at May hearing." And Angelo Ancheta has an op-ed entitled "End schools' racial isolation." The Boston Globe reports that "Justices struggle to find balance on detainee policy." In other news, "Federal antispam law to be put to its first test." An article reports that "Firms rethinking partners' benefits." In other local news, "SJC ruling sought on posting sex offender data on web" and "Man wrongly convicted of murder loses suit; 2 detectives accused in conspiracy claim." And an article reports that "In Pa., a vote for pragmatism; GOP leaders hail Specter's win." In The Los Angeles Times, David G. Savage reports that "Justices Question Denial of Hearings for Detainees" and "Divided Supreme Court Upholds Pennsylvania Gerrymandering." In other news, "Supreme Court Curbs AQMD in Smog Battle; In an 8-1 ruling, U.S. justices say the Southern California air quality agency went too far in making private firms buy low-pollution vehicles for fleets." An article reports that "Trial Is Likely in Late Summer; Bryant will enter a plea at next hearing; Three days in court do not resolve evidence issues." In related news, "Bryant Might Miss Olympics." An article reports that "Facing ACLU Complaint, City to Drop Seal's Cross; Redlands will remake its municipal emblem, but some residents wish officials would fight." An editorial is entitled "Choking Off Air Quality." Brad Sears and Alan Hirsch have an op-ed entitled "If Gays Are OK, Job Bias Can't Be." And letters to the editor appear under the heading "An Issue of Justice, Not Family Connections." Posted at 23:32 by Howard Bashman "Court employees bid farewell to Unpingco": Friday's issue of The Pacific Daily News contains an article that begins, "U.S. District Court of Guam Chief Judge John Unpingco described himself as 'speechless' when he walked out of the court yesterday afternoon to find dozens of co-workers and attorneys welcoming him to an outdoor merienda in his honor." Posted at 23:28 by Howard Bashman "Specter heads right back to the center": This article appears today in The Philadelphia Inquirer. And The Pittsburgh Post-Gazette today contains an article headlined "Analysis: Specter saved by Philadelphia vote; Totals also show rightward shift here." Posted at 23:24 by Howard Bashman "Third adult performer in LA tests positive for HIV": The Associated Press provides this report. And AVN offers more details here (possibly not work safe). Posted at 23:10 by Howard Bashman Available online from law.com: An article reports that "9th Circuit to Rehear Internet Jurisdiction Case." And in other news, "Jurors Deal World Trade Center Leaseholder Major Setback; $1.06 billion in coverage will not double." Posted at 22:56 by Howard Bashman "Pledge Omission Brings Rare Reprimand": The AP reports here that "In an unusual public reprimand, House Democratic Leader Nancy Pelosi chastised Rep. Jim McDermott of Washington on Thursday for omitting the words 'under God' while leading the House in reciting the Pledge of Allegiance." Presumably Congress has a similar reprimand in the works for the U.S. Supreme Court depending on how it rules on the currently-pending Newdow case. Posted at 22:54 by Howard Bashman "Pa. High Court Upholds Hit-And-Run Term": The AP offers this report on a ruling that the Supreme Court of Pennsylvania issued today upholding the sentence imposed on a former Pennsylvania state representative who, according to the article, "struck and killed a man in his sport utility vehicle in 1999 and fled the scene." The precise question presented was whether the trial judge's violation of a canon of the Code of Judicial Conduct that precludes judges from speaking with the press about cases pending before them necessitated the judge's recusal. You can access the majority opinion here, a concurring opinion here, and a dissenting opinion here. Posted at 22:45 by Howard Bashman Sex defense outlandish but effective: The Associated Press reports that "Conn. Woman Acquitted After Sex Defense." And The Hartford Courant reports that "Specyalski Acquitted." Back on March 3, 2004, I had a post about this case entitled "Judge thinks this defense to criminal charge sucks but concludes that 'defendant has a right to offer a defense no matter how outlandish, silly or unbelievable one might think it will be.'" Apparently the defense turned out to be not so unbelievable after all. Posted at 22:33 by Howard Bashman Gangsta rap, and whether a claim for loss of consortium necessarily includes the assertion that the plaintiff's sex life was damaged: If your name is C. DeLores Tucker, you might be well-advised not to lead a crusade against gangsta rap music because of the graphic possibilities for rhyme that your name presents. After Ms. Tucker and her husband sued the estate of Tupac Shakur for claims that included loss of consortium, various newspapers reported that Ms. Tucker's suit asserted that the deceased rapper's actions harmed Ms. Tucker's sex life. Today in a very interesting ruling, the Supreme Court of Pennsylvania dismissed the suit as currently worded but gave the plaintiffs an opportunity to replead their claims against the newspapers. You can access the majority opinion here, a concurring opinion here, and an opinion concurring in part and dissenting in part here. Posted at 22:10 by Howard Bashman "Murderer can't ask jury for death; Court rules that Seti Scanlan cannot represent himself in penalty trial": This article appears today in The San Mateo County Times. Posted at 18:00 by Howard Bashman If the mother moves to Ohio, custody of the children will be transferred to the father, who will remain in California: So the Supreme Court of California has decided today in a child custody ruling that you can access here. Posted at 17:58 by Howard Bashman "Battle lines drawn over gay marriage; Opponents, supporters launch campaigns": This article appears today in The Globe and Mail of Toronto. Posted at 17:53 by Howard Bashman "Justice Scalia addresses Phila. Bar Assoc." The Philadelphia Inquirer provides this news update. Posted at 17:51 by Howard Bashman "Supreme Court hears arguments on detention of enemy combatants": Stephen Henderson of Knight Ridder Newspapers provides this report. The Chicago Tribune reports that "Terror suspects' rights debated; Justices challenge U.S. on power to jail indefinitely." The Baltimore Sun contains an article headlined "U.S. detention tests scope of antiterror law; Justices take up cases of 2 citizens held 2 years; No charges; legal aid delayed; Unbridled authority vs. rights of Americans." The Pittsburgh Post-Gazette reports today that "Justices weigh rights, terror; American citizens challenge detention." And The Atlanta Journal-Constitution reports that "Justices ask if detentions went too far." The Charleston Post and Courier, which is currently the hometown newspaper for both Yaser Esam Hamdi and Jose Padilla, reports that "High court hears detainee cases; Crucial questions of presidential power, judicial jurisdiction arise during hearings." The Palm Beach Post reports that "Justices grill lawyers on holding of combatants." The Virginian-Pilot reports that "Court hears 'combatant' cases; justice raises idea of a tribunal." And The Miami Herald reports that "Ex-POWs see danger in policy for combatants." In coverage from news outlets based outside of the United States, The Telegraph (UK) reports that "Suspects' rights 'ignored by US.'" Financial Times reports that "Court urged to rein in US administration over indefinite detentions." And The Toronto Globe and Mail reports that "Bush treading on rights of citizens, U.S. top court told; Indefinite detention of 'enemy combatants' is unprecedented, lawyer tells hearing." And BBC News reports that "US hears landmark detainee cases; Lawyers for two US citizens accused of terrorism have told the Supreme Court that President Bush has no right to detain them as 'enemy combatants.'" Posted at 17:33 by Howard Bashman The Houston Chronicle is reporting: Two newly updated articles are headlined "Texas' chief justice quitting to teach in Houston" and "Charges against Lea Fastow scaled back in new plea bargain." Posted at 17:30 by Howard Bashman The Associated Press is reporting: Anne Gearan's article headlined "Scalia: Judicial Hearings Too Partisan" notes that Justice Antonin Scalia had lunch in Philadelphia, Pa. today. And in other news, "WTC Leaseholder Suffers Defeat in Trial" and "Lawyer: Ga. Boy Pressured Into Confession." Posted at 17:05 by Howard Bashman "Mediation fails in Gregoire suit; Lawsuit stemming from failure to appeal court verdict scheduled for trial in July": This article appears today in The Olympian of Olympia, Washington. And columnist Joni Balter has an essay entitled "Gregoire takes a hit and keeps on rollin'" in today's issue of The Seattle Times. Posted at 16:42 by Howard Bashman "Mother in C-Section Case Gets Probation": The Associated Press provides this report. Posted at 15:57 by Howard Bashman Circuit Judge Charles W. Pickering, Sr. joins in his first precedential Fifth Circuit opinion since receiving a recess appointment to that court: You can access today's per curiam opinion at this link. As I previously noted here, earlier this week Circuit Judge William H. Pryor, Jr. had the distinction of being the first of the current crop of U.S. Court of Appeals recess appointees to join in a precedential decision. Several readers today have emailed to caution against confusing Circuit Judge William H. Pryor, Jr. with D.C. Court of Appeals Senior Judge William C. Pryor (not that I would ever do that). Posted at 15:31 by Howard Bashman "This appeal by Byron Mitchell from a judgment in a criminal case raises important questions concerning the admissibility of latent fingerprint identification evidence under Fed. R. Evid. 702." If the admissibility and reliability of fingerprint evidence is of interest to you, don't miss today's lengthy opinion that Senior Circuit Judge Edward R. Becker issued on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit. Posted at 14:55 by Howard Bashman "R.I. high court candidates cut to 5 finalists; It takes the Judicial Nominating Commission four rounds of voting to trim two names from the list, which goes to Governor Carcieri this morning": The Providence Journal today contains this article. Posted at 14:44 by Howard Bashman "Top court upholds redistricting in Pennsylvania": This article appears today in The Pittsburgh Post-Gazette. The Philadelphia Inquirer reports that "Pa. Democrats lose high court fight over new congressional district map." The Chicago Sun-Times reports that "Justices let stand gerrymandered political districts." The Houston Chronicle reports that "Decision dims hopes of state Democrats; Pennsylvania redistricting case fails in high court." And The Dallas Morning News reports that "Justices uphold Pennsylvania remap; Ruling may be bad sign for Democratic appeal of Texas' redistricting." Posted at 14:42 by Howard Bashman "Roe v. Wade attorney expresses concern over future of abortion": Today's issue of The Stanford Daily contains this article. Posted at 14:39 by Howard Bashman "Specter, Victory in Hand, Now Pushes Bush Away": This article appears today in The New York Times. And The Washington Post today reports that "Vulnerability Seen in Specter's Win." Posted at 14:33 by Howard Bashman "For 'Fear Factor,' Getting Boring Is The Real Danger; After 4 Years, Reality Show Struggles to Stay Fresh; The Limitations of Worms": This front page article appears today in The Wall Street Journal. (Via "Obscure Store.") Posted at 14:28 by Howard Bashman Litigation over Mortal Kombat: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued an opinion by Circuit Judge Richard A. Posner in which Judge Posner observes, "there is no perfect substitute for Mortal Kombat." Posted at 14:24 by Howard Bashman Has the U.S. Court of Appeals for the Seventh Circuit (and Circuit Judge Richard A. Posner in particular) been too harsh toward Immigration Judges? Today Seventh Circuit Judge Terence T. Evans, in a concurring opinion that you can access here, suggests that he would answer that question in the affirmative. Posted at 14:10 by Howard Bashman U.S. Court of Appeals for the Ninth Circuit today grants rehearing en banc in two business cases: In Gator.com Corp. v. L.L. Bean, Inc., the court will address how if at all e-commerce affects the traditional inquiry for determining whether a court can exercise personal jurisdiction over a non-resident corporation. You can access the three-judge panel's ruling here and today's order granting rehearing en banc here. The other case in which the Ninth Circuit granted rehearing en banc today is captioned American Consumer Publishing Ass'n v. Margosian. In that case, the court will confront the complex question of when must a federal court defer to state law enforcement activities when the objecting party challenges the state regime as unlawful. You can access the three-judge panel's ruling here and today's order granting rehearing en banc here. It is worth noting that in both cases in which the Ninth Circuit granted rehearing en banc today, the original panel rulings were unanimous. Posted at 13:35 by Howard Bashman "Moore seeks protection of religious endorsement": The Birmingham News today contains this article. Posted at 12:10 by Howard Bashman "Girl's Death Draws Hard Look at Penalties for Violent Juveniles; A 12-year-old Georgia boy faces only 2 years in detention if convicted of strangling an 8-year-old girl": This article appears today in The Los Angeles Times. Somewhat relatedly, The Daytona Beach News-Journal today contains an editorial entitled "Juvenile executions: At least raise Florida's minimum age to 18." Posted at 12:07 by Howard Bashman "Skilling's lawyers say event distorted; Prosecutors' release of details criticized": Mary Flood of The Houston Chronicle today has this report. Posted at 11:48 by Howard Bashman Chief Justice of Texas announces he will depart from the judiciary to join faculty of law school: The "Texas Law Blog" offers these details. Posted at 11:47 by Howard Bashman "Changes proposed for judicial elections": This article appears today in The Minneapolis Star Tribune. Minnesota's judicial election rules are of particular interest because they recently resulted a ruling from the U.S. Supreme Court in a case that I previewed in my monthly appellate column published in The Legal Intelligencer in June 2002. Speaking of judicial elections, The Toledo Blade today contains an article headlined "Senate votes to ban anonymous TV ads" that begins, "Senate Democrats snubbed their labor base yesterday and supported a bill prohibiting unions and corporations from directly bankrolling commercials to influence Ohio Supreme Court elections." And speaking of the Supreme Court of Ohio, The Cincinnati Enquirer today reports that "Students learn law from traveling court; Clermont County hosts Ohio's justices." Posted at 11:30 by Howard Bashman "From luxe life to high life; NYU pot princess perky after bust": The New York Daily News today contains this article. An article in The New York Post is headlined "Druggies with a heart." And The Washington Square News today reports that "Alleged coke peddler arraigned; Diaco’s parents post $10,000 bail; trial set for May" and yesterday reported that "NYPD busts NYU frosh for selling coke; Cops: Hayden-based dealer peddled drugs to narcs for 6 months." Posted at 11:07 by Howard Bashman "Bob Edwards & the Remains of the Day; The Longtime Host of NPR's 'Morning Edition' Braces for Life After Dawn": This quite wonderful article appears today in The Washington Post. Posted at 11:00 by Howard Bashman In Arizona, the Ring tightens: An article headlined "Murder trial jury may have to make life-or-death decision; If defendant Anthony Gay is found guilty, jury would be first since '02 court ruling to decide whether to impose death" appears today in The Tucson Citizen. My write-up of the U.S. Supreme Court's June 2002 ruling in Ring v. Arizona can be accessed here. Posted at 10:54 by Howard Bashman "Law clerks recount drama of desegregation ruling": The Buffalo News today contains an article that begins, "On April 29, 1954 - 50 years ago today - Chief Justice Earl Warren gave his law clerk a daunting weekend assignment that led to the U.S. Supreme Court's most famous decision in the 20th century. Earl E. Pollock was directed to revise and expand Warren's typewritten, three-page outline into an opinion that had to be short, readable, nonlegalistic and easily understood by laymen." Posted at 10:44 by Howard Bashman Justice serving on Washington State Supreme Court apparently misses deadline for responding to ethics complaint: "Justice Sanders' denial may be too late" is the headline of an article published today in The Seattle Post-Intelligencer. The Daily Herald of Everett, Washington today contains an article headlined "Justice denies visit violated ethics rules; Richard Sanders says election-year politics are behind a complaint filed against him for his visit to a sex-offenders' unit" and yesterday contained an article headlined "Jurist's troubles grow; A deadline passes for state Supreme Court Justice Richard Sanders to challenge a misconduct allegation." Posted at 09:59 by Howard Bashman His home district is located within the Ninth Circuit: The Seattle Times reports today that "McDermott leads pledge in House, omits 'under God.'" The Seattle Post-Intelligencer reports that "McDermott's pledge error blamed on a childhood moment." And National Review Online today offers an essay by Vincent Phillip Munoz entitled "Under McDermott: A congressman's ill-advised and ill-informed Pledge stunt." Posted at 09:54 by Howard Bashman District of Columbia Court of Appeals reinstates one claim in lawsuit against gun manufacturers for negligent distribution, public nuisance, and strict liability: You can access today's ruling at this link. Judge William Pryor was on the panel and joined in the ruling. Posted at 09:42 by Howard Bashman On today's broadcast of NPR's "Morning Edition": Nina Totenberg reports that "Supreme Court Weighs Enemy Combatant Cases." And other segments are entitled "High Court Rules Against Calif. Emissions" and "The Legacy of School Busing." Posted at 09:38 by Howard Bashman Atheists lose faith in Alabama government officials: The Montgomery Advertiser reports today that "Officials refuse atheists' request." Posted at 09:33 by Howard Bashman "Feds charge 4 under spam law; Oakland men are first in U.S. accused under new rules": This article appears today in The Detroit News. And in today's edition of The Detroit Free Press, columnist Mike Wendland reports that "4 Oakland men cited in 1st U.S. spam case; Ford, Unisys computers had unwitting role." Posted at 09:30 by Howard Bashman Choose litigation: The Tennessean reports today that "Pro-choice plate bill OK'd by committee." Posted at 09:29 by Howard Bashman On the agenda: Just moments from now, the Senate Judiciary Committee is scheduled to hold an executive business meeting. Not even a single federal appellate court nominee was reported out of last week's business meeting. Will today's result be any different? Stay tuned. Posted at 09:28 by Howard Bashman "Powers of the President: The Supreme Court has begun hearing arguments about whether George W. Bush can jail American citizens indefinitely if they are suspected of plotting terror; Will the justices give him a blank check?" Newsweek offers this Web exclusive written by Michael Isikoff and Mark Hosenball. Posted at 08:23 by Howard Bashman "Gay-marriage policy heads for state court": Bob Egelko today has this article in The San Francisco Chronicle. Posted at 08:15 by Howard Bashman "'It's Hard to Get It Right': Scalia's hunting trip with the veep made him a late-night-TV target; A high-court justice wounded, but very much alive." This article appears in the May 3, 2004 issue of Newsweek. Posted at 08:14 by Howard Bashman "Prosecution introduces e-mails into Al-Hussayen trial": This article appears today in The Idaho Statesman. Posted at 06:58 by Howard Bashman In Thursday's newspapers: In The Washington Post, Charles Lane reports that "Supreme Court Upholds GOP Redistricting in Pa.; Challenges to Gerrymandering Not Ruled Out." An article reports that "Patriot Act Suppresses News Of Challenge to Patriot Act." In local news, "Challenge to Metro Ad Curb Argued; Ruling in Suit Charging Censorship Could Affect Transit Systems Across Nation." And an article reports that "Lawyer Urges Trial Date in Bryant Case; Accuser Is Fearful, Her Attorney Says." The New York Times reports that "Justices Bow to Legislators in Political Gerrymander Case." In business news, "Trial Provides Fresh Glimpse Into Wall St. Ways" and "Madonna Goes to War, This Time in Court." In local news, "State's Highest Court Hears Arguments on City Bailout Plan" and "At Last, the Windows Have No Bars." Editorials are entitled "Democracy Takes a Hit"; "Fairness for Ex-Offenders"; and "A Haven for Abused Women." And letters to the editor appear under the heading "The Abortion Debate, and the Power of a March." In The Christian Science Monitor, Warren Richey reports that "Court throws power to draw political districts to elected officials; In upholding Pennsylvania's district lines, the Supreme Court defines more precisely what is a viable challenge." And in other news, "Specter dodges a bullet - and so does Bush; Pennsylvania incumbent's primary win leaves wounds but bolsters GOP hopes of holding Senate." Posted at 06:33 by Howard Bashman Wednesday, April 28, 2004
"Presidential Authority At Issue for Detainees; 'Enemy Combatant' Cases Go to Justices": Charles Lane will have this article in Thursday's edition of The Washington Post.
Posted at 23:16 by Howard Bashman
In Wednesday's newspapers: The New York Times reports that "Specter Wins Pennsylvania Senate Primary." In other news, "Juror Asks to Quit Trial Over Insurance for 9/11." An article reports that "Boy Moves Ahead in Legal Bid to Cut Ties With Killer Father." In business news, "Former Banker Returns to Stand in His Retrial" and "Tax Fear and Loathing Among the Payroll Managers." In local news, "Meadowlands Bid Process Is Challenged in State Court." And letters to the editor appear under the headings "Rights and the Patriot Act" and "Judges for Sale." The Washington Post reports that "Justice Department Reviewing Ashcroft; FEC Data Pointed to Possible Violations." In other news, "Specter Survives Primary Challenge; Veteran Senator Narrowly Defeats Conservative Opponent in Pa. Vote." In business news, "Quattrone Insists 'Clean Up' Memo Was Innocent." And an editorial is entitled "Beyond the Duck Hunt." The Wall Street Journal contains an editorial entitled "War and the Supreme Court: Will the Justices let the President do his job?" The Washington Times reports that "Sealing Cheney records defended." In other news, "McDermott omits 'God' from Pledge." An article reports that "Gay 'marriage' ruling contested." In news from Pennsylvania, "Specter ekes out win over Toomey." A related article reports that "Republicans seen retaining control of Senate." An editorial is entitled "Detaining 'enemy combatants.'" And Clarence Page has an op-ed entitled "Don't ask, or tell, or leave." In The Boston Globe, Lyle Denniston reports that "Justices give Cheney sympathetic ear; But question appeal's timing." In same-sex marriage-related news, "Lawmakers challenge SJC ruling" and "Marriage eligibility wasn't enforced; Clerks in state told to skip status." An article reports that "In Keystone contest, a battle for GOP's soul." And in local news, "Romney tells SJC to stay out of spending debate; Other branches to decide, he says." In The Los Angeles Times, David G. Savage reports that "Justices Appear to Support Cheney Task Force Secrecy." An article reports that "State May Limit Same-Sex Marriages; Enforcement of a 1913 law would put plans on hold for couples from outside Massachusetts." In business news, "Defunct Napster's Saga Back in Court; A judge will rule whether two investors -- Bertelsmann and a venture firm -- can be held liable in copyright suits." An article is headlined "A New Leaf in Kentucky: City Bans Indoor Smoking." In news from Colorado, "Bryant Lawyers Seek Payment Disclosure; They ask for details on stays the accuser might have made at addiction treatment facilities, given limits on victims' fund" and "Hearing Should Conclude Today." In local news, "Court Upholds Ban on Closing Clinic; Harm from shutting down Rancho Los Amigos and reducing beds at County-USC outweighs financial burden, judges rule." An article reports that "Specter Barely Survives Primary; GOP centrist edges his conservative challenger in Pennsylvania fight over party's direction." And letters to the editor appear under the headings "Assessing Government's Role in Marriage" and "Patriot Act." Posted at 22:45 by Howard Bashman "Court Hears Case on U.S. Detainees": Linda Greenhouse will have this article in Thursday's issue of The New York Times. Posted at 22:30 by Howard Bashman Available online from law.com: Tony Mauro has articles headlined "High Court Weighs Landmark 'Enemy Combatant' Cases"; "Cheney Secrecy Case Reaches High Court; Justices question administration's appeal strategy"; and "Tyson Urges Supreme Court to Take Up Employment Case." In news from New York, "2nd Circuit Upholds N.Y.'s Ban on Prisoner Voting" and "Former Congressman's Defamation Suit Against Columnist Goes Forward." An article is headlined "Judge and Jury? Issue of how to implement U.S. Supreme Court ruling on death penalty goes to Florida's high court." Marcia Coyle has an article headlined "Asbestos Legislation? Motion Denied; Optimism over federal asbestos solution fades in an election year." In news from Connecticut, "Copycat Web Sites a Growing Problem; Local Internet business confronts meta tag hijacking." And in news from California, "Suit Contends Crosby Heafey Botched Patent." Posted at 22:05 by Howard Bashman U.S. Court of Appeals for the Fifth Circuit delivers very good news to ineffectual bank robber: And if that's not reason enough to read today's opinion, the decision also gives rise to a circuit split. Posted at 20:20 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Ten Commandments Judge Visits Lawmakers" and "After Win, Specter Looks to Fall Election." Posted at 20:15 by Howard Bashman "Court Weighs Rights of Enemy Combatants": David G. Savage has this news update online at The Los Angeles Times. Posted at 20:13 by Howard Bashman Available online from National Public Radio: On this evening's broadcast of "All Things Considered," Nina Totenberg had a report entitled "High Court Hears 'Enemy Combatant' Cases." And today's broadcast of "Talk of The Nation" contained a lengthy segment entitled "U.S. Supreme Court and Enemy Combatants" featuring David Savage, Deborah Sontag, Adam Charnes, and Deborah Perlstein. Posted at 20:00 by Howard Bashman "Cruel Detentions: The Supreme Court considers whether the president can throw away the key." Dahlia Lithwick has this Supreme Court Dispatch online at Slate. Posted at 19:57 by Howard Bashman President Bush, Senator Arlen Specter (R-PA), and conservative judicial nominees: Quin Hillyer, editorial writer for The Mobile Register, has some controversial thoughts on these topics here and here online at the "Southern Appeal" blog. Posted at 17:20 by Howard Bashman "Firing Employee for Anti-Gay Harassment Was Not Religious Discrimination, Ninth Circuit Says": This article appeared yesterday in The Metropolitan News-Enterprise. You can access Monday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Posted at 17:15 by Howard Bashman "Some initial thoughts on the Vieth case": Election Law Professor Rick Hasen has these comments online at his "Election Law" blog. Posted at 17:09 by Howard Bashman Available online from The Weekly Standard: Today Claudia Winkler has an essay entitled "Who's Afraid of the Patriot Act? Bernie Sanders thinks the Patriot Act lets the government spy on you for the books you read; Think again." And yesterday Erin Montgomery had an essay entitled "'Abort Bush': The activists at the March for Women's Lives take partisan shots--and extol the joys of abortion." Posted at 17:08 by Howard Bashman "Easterblogg" folds its tent: Proving that all blogs must someday come to an end. Posted at 17:05 by Howard Bashman "Group Files Complaint Against Ted Kennedy": Jesse J. Holland of The Associated Press provides this report. Posted at 17:00 by Howard Bashman "Justices Void L.A |