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Monday, May 31, 2004
In today's and yesterday's newspapers: The Boston Globe today reports that "Lawmakers raise concerns over shadowing of Ill. candidate; Seek 'privacy zone' to bar videotaping." And Cathy Young has an op-ed entitled "School equality: a black responsibility?" Sunday's newspaper contained an obituary headlined "Archibald Cox, 92; his probe helped unravel a presidency." Peter Brooks had an op-ed entitled "The 'two-step' around Miranda." And columnist Jeff Jacoby had an op-ed entitled "Vouchers and equal education."
The Los Angeles Times today reports that "Man Bankrolls Initiative to Change 3-Strikes Law; He spends $1.56 million in a bid that would mean fewer long terms, offer hope to his inmate son." In other news, "Judge Upholds Lap Dance Ban in La Habra; Ruling that the activity does not constitute protected speech, jurist dismisses a strip club owner's lawsuit; An appeal is planned." An article reports that "Grasso Suit Not Cut and Dried Case; Attempt by New York Atty. Gen. Spitzer to recover more than $100 million from former NYSE chief has some weaknesses." And Shawn Macomber has an op-ed entitled "Federal Sharks Circle Big Tobacco." Sunday's newspaper contained an article headlined "Teens in a 'Sexplosion'? Or Is It All Just Talk? Lawyers defending three youths in an O.C. rape case say the group sex was consensual and that it's common; Experts and teenagers disagree." An obituary was headlined "Special Prosecutor Fired by Nixon Over Watergate Probe." In other news, "Santa Barbara Judge Due in Court on New Charges; Eight months after being tried in a battery and drunk-driving case, the jurist is accused of violating campaign laws." And an article reports that "Students Rally for Same-Sex Marriages." The New York Times reports today that "Military Completed Death Certificates for 20 Prisoners Only After Months Passed." In technology-related news, "When Software Fails to Stop Spam, It's Time to Bring In the Detectives" and "U.S. Steps Up Push Against Online Casinos by Seizing Cash." And in local news, "Can Prints Lie? Yes, Man Finds to His Dismay." Sunday's newspaper contained business-related articles headlined "Lawsuits: This Year's Model" and "The Portrait of a Family, as Painted at a Fraud Trial." The Washington Post reports today that "Eliot Spitzer Spoils for a Fight; Opponents Blast Unusual Tactics of N.Y. Attorney General." And Heather Mac Donald has an op-ed entitled "Common Sense and Computer Analysis." Sunday's newspaper contained obituaries headlined "Watergate Prosecutor Faced Down the President" and "Watergate Committee Chief Counsel Samuel Dash Dies." An article reports that "Challenges Beset Low-Cost Paralegal Aid." In local news, "Criminal Charges Halted in Underage Alcohol Cases; D.C. Police Chief 'Not Happy' With Judge Deeming Possession a Civil Infraction." And an editorial is entitled "You Only Die Once." Finally, OpinionJournal today offers an essay by Douglas J. Feith entitled "Conventional Warfare: The Pentagon and the military respect the Geneva Conventions." Posted at 23:00 by Howard Bashman A round of applause for the "elite" media: Daniel W. Drezner examines "Which blogs are read by the media?" Posted at 22:58 by Howard Bashman Columnists disagree over whether the text of the 21st Amendment to the U.S. Constitution should take precedence over the "dormant" Commerce Clause, which is nowhere to be found in the document's text: Arguing in favor of the 21st Amendment, columnist Steve Chapman had an essay entitled "State borders: Damming the wine flow" yesterday in The Chicago Tribune. Arguing the contrary position is Seattle Times columnist Kate Riley in an essay published today entitled "Courts shouldn't bottle up Washington's wines." Posted at 22:31 by Howard Bashman "Is there a humane way to put convicts to death? Supreme Court decision may mean revisiting century-old argument in North Carolina." Jack Betts had this essay yesterday in The Charlotte Observer. Posted at 22:27 by Howard Bashman The Pledge of Allegiance is proving controversial in Portland, Maine's public schools: An article headlined "City parents pledge resistance" appeared yesterday in The Portland Press Herald. Posted at 22:24 by Howard Bashman "Arbitration trend fuels consumer lawsuits; Firms put binding terms in contracts": The Chicago Tribune yesterday contained an article which reported that "Compulsory arbitration was supposed to unclog the courts, but the practice has spurred a growing number of lawsuits across the country attacking arbitration as anti-consumer." Posted at 22:22 by Howard Bashman "Mayfield's luck: Only 2 weeks under false arrest." This editorial appeared yesterday in Newsday. Posted at 22:20 by Howard Bashman Coming soon to a newsstand near you: The June 7, 2004 issue of Newsweek contains articles headlined "The Wrong Man: Brandon Mayfield speaks out on a badly botched arrest"; "Peterson Trial: A Boom Goes Bust"; and "A Fight on His Hands: Eliot Spitzer is on a sharp trajectory to higher office; The Grasso case could mean some nasty turbulence." And the June 7, 2004 issue of Time magazine contains an article headlined "When God Is The Warden: The nation's first faith-based prison mixes religion and rehab -- and stirs up controversy." Posted at 22:13 by Howard Bashman "Black enrollment down at Berkeley; Only 98 African-American students registered for fall -- a 30 percent drop": The Associated Press provides this report from California. Meanwhile, The Detroit News reported yesterday that "U-M may have unintentionally written off top pool of minorities." Posted at 22:12 by Howard Bashman "RIP: Watergate Legal Giants." CBS News analyst Andrew Cohen today has this essay. Posted at 22:03 by Howard Bashman "Historical plaza bid over budget": Yesterday's issue of The Casper Star Tribune contained this article reporting on a plaza in which the City of Casper, Wyoming is planning to display "a controversial Ten Commandments monument along with five other monuments honoring documents important to the development of American law." Posted at 20:04 by Howard Bashman "GOP Looks to Limit Class-Action Suits": Jesse J. Holland of The Associated Press reports here that "After trying to curb class-action suits for years, Republicans finally have enough support to ram legislation through the Senate to limit what they call an overabundance of frivolous cases against American businesses." Posted at 19:38 by Howard Bashman Available online from National Public Radio: Today's broadcast of "Morning Edition" contained segments entitled "Ten Commandments Case Surfaces in Alabama GOP Primary" and "Iraq Family Seeks Compensation for Son's Death." And yesterday's broadcast of "Weekend Edition - Sunday" contained a segment entitled "Lynndie England's Lawyer Sets Strategy." Posted at 16:30 by Howard Bashman "Legal styles collide in Redwood City": The San Francisco Chronicle today contains two articles previewing the Scott Peterson trial. One article is headlined "Prosecution: Is the charisma gap a benefit or burden?" The other article is headlined "Defense: More behind Geragos than celeb power." Posted at 10:00 by Howard Bashman "Legal fray of assisted suicide smolders; Attorney General John Ashcroft is weighing next move": The Salem Statesman Journal yesterday contained this article. And a related article was headlined "Assisted-suicide ruling may affect medical-marijuana use." Relatedly, The Cincinnati Enquirer today contains an editorial entitled "Appeals court right to rebuke Ashcroft." Posted at 09:57 by Howard Bashman Available online from The Houston Chronicle: Today's newspaper contains articles headlined "Texas lacking standards on retardation in capital cases" and "Strayhorn under fire for religion litmus test; Tax-status denials draw controversy." And yesterday's newspaper contained editorials entitled "Delusional: Treat mentally ill before they commit a capital crime" and "10 percent rule: Unintended consequences in seeking diversity." Posted at 09:46 by Howard Bashman "Cross in seal worth a fight? County supervisors to vote." The Los Angeles Daily News today contains an article that begins, "A threat by the American Civil Liberties Union of Southern California to sue Los Angeles County government unless it removes a cross from the official county seal is expected to generate heated debate Tuesday when the Board of Supervisors votes on whether to fight the demand." My earlier coverage of this news can be accessed here. Posted at 09:21 by Howard Bashman "What's in a name? For some, a great deal." This article appears today in The Trenton Times. Posted at 09:17 by Howard Bashman "Locals have role in beef checkoff case; Decision could be year or so away": The Aberdeen American News contains this article today. Posted at 09:15 by Howard Bashman "Local man takes e-mail prankster to court": This article appears today in The Portland (Me.) Press Herald. Posted at 09:00 by Howard Bashman Sunday, May 30, 2004
"The man behind all the bad decisions": St. Petersburg Times columnist Robyn E. Blumner today has an essay in which she writes, "there is perhaps no figure who has his fingerprints on more short-sighted, backward and counterproductive Bush administration policies than does White House Counsel Alberto Gonzales."
Posted at 11:18 by Howard Bashman
"City Hall same-sex nuptials in limbo; It's unclear if state Supreme Court will invalidate them": The San Francisco Chronicle today contains this article by Bob Egelko. Posted at 11:10 by Howard Bashman "Supreme Court to Deliver Key Decisions; Rulings are coming on Bush's actions in the war on terrorism and the words 'under God' in Pledge of Allegiance": David G. Savage has this article today in The Los Angeles Times. Posted at 11:00 by Howard Bashman "A&M programs to consider race; Change applies to health sciences": Yesterday's edition of The Houston Chronicle contained this article. In related coverage, The Bryan-College Station Eagle reported yesterday that "A&M regents approve race factor." And The San Antonio Express-News reported yesterday that "A&M minority enrollment is up." Posted at 10:45 by Howard Bashman "Fight over county seal is ill-timed": Joseph Honig had this op-ed in Friday's issue of The Los Angeles Daily News. Posted at 10:41 by Howard Bashman "Ruling points to command responsibility": Columnist Robert Landauer, in yesterday's issue of The Oregonian, had an essay that begins, "It is urgent on this Memorial Day weekend to revisit a 1946 U.S. Supreme Court case. Its principles ought to echo through Iraqi prison cellblocks and Pentagon offices. We look back at this case to help us apply lessons from prior experience to current and future conduct." The decision in question from 1946 can be accessed at this link. Posted at 10:38 by Howard Bashman "Safe passage for judges; A temporary break in the judicial-nominee wars is highly welcome": This editorial appeared Thursday in The Omaha World-Herald. Posted at 10:36 by Howard Bashman "A.G. wants judge off of school case; Brief filed with Supreme Court says rulings have politicized funding issue": The Lawrence (Kan.) Journal-World contained this article yesterday. Posted at 10:35 by Howard Bashman "Lethal-injection drug under attack": This article appeared yesterday in The Birmingham News. Posted at 10:33 by Howard Bashman Saturday, May 29, 2004
In Saturday's newspapers: The Washington Times contains an article headlined "Deportation blocked; fetus 'American.'"
The Los Angeles Times contains an article headlined "A Fuzzy Fingerprint Leaves a Lasting Mark." In regional news, "Sept. 13 Is Chosen for Start of Jackson Molestation Trial; Date is months ahead of the predicted timetable; The judge has warned prosecutors and the defense that he would resist efforts at delay"; "Man Cleared in SUV Fires Gets Apology, Cash"; "Rape Case Investigators Miss Court Appearance; San Bernardino County judge rescinds warrants issued for defense team members in Haidl suit"; "State Asked to Rethink E-Voting Decision"; and "Larry Flynt, Gardena's Civic Treasure; The magazine mogul's Hustler Casino is a key source of revenue; And it could grow." And letters to the editor appear under the heading "ACLU Has Its Wires Crossed." The New York Times reports that "Southern Town Struggles With a Violent Legacy." And letters to the editor appear under the headings "Code of Judicial Conduct"; "Fearing Terror, and the F.B.I."; and "Military Justice." The Washington Post reports that "Soldier to Face Military Court in N.C.; Pfc. England's Hearing in Prisoner Case First on U.S. Soil." In other news, "Ashcroft Chooses Interim U.S. Attorney; FBI Official Served In D.C. Post Before." And Law Professor Jennifer L. Mnookin has an op-ed entitled "The Achilles' Heel of Fingerprints." Posted at 23:40 by Howard Bashman "Terrorists Have No Geneva Rights: Don't blur the lines between Guantanamo and Abu Ghraib." Law Professor John Yoo has this essay online today at Opinion Journal. Posted at 23:24 by Howard Bashman "The temporary truce between President Bush and Senate Democrats over judicial nominees does not mean J. Leon Holmes, attacked because of his religious beliefs, will be confirmed as a federal district judge in Arkansas." So columnist Robert Novak writes in the final item contained in his essay published today at Townhall.com. Posted at 23:15 by Howard Bashman "Stairway to Justice": This essay by Harriet McBryde Johnson appears in tomorrow's issue of The New York Times Magazine. (So much for the theory that I only read The NYTimes Magazine for the articles about teens having sex.) Posted at 23:10 by Howard Bashman "Slain Postman's Mother Can Sue Weapon Makers; Ruling in case resulting from a 1999 Valley rampage brings strong dissent from some appeals court judges": Henry Weinstein has this article today in The Los Angeles Times. David Kravets of The Associated Press reports that "Appeals court stands firm on gun industry lawsuit." And Reuters reports that "U.S. Court Allows Lawsuit Against Gun Maker." My write-up of yesterday's development from the U.S. Court of Appeals for the Ninth Circuit can be accessed here. Posted at 20:28 by Howard Bashman Justice Clarence Thomas's father-in-law won't remove flag from balcony: The Associated Press provides this report from Omaha, Nebraska. Posted at 20:11 by Howard Bashman "Amtrak ordered to pay $500,000 in racial slur lawsuit": Bob Egelko has this report today in The San Francisco Chronicle. And Josh Richman reports today in The Oakland Tribune that "Hayward man wins $500,000 in Amtrak discrimination case; 51-year-old said Oakland train yard a hostile work environment." Amtrak previously took this case to the U.S. Supreme Court but failed to get the suit tossed as time-barred. The Supreme Court issued its ruling in the case on June 10, 2002, and I provided this summary of the ruling (see item four) later that day. Posted at 20:00 by Howard Bashman "State Supreme Court Justice James Gilbert to leave bench": Today's issue of The Minneapolis Star Tribune contains this article. And The St. Paul Pioneer Press reports that "Gilbert leaving high court." Posted at 19:52 by Howard Bashman "Bush names 12 recess appointments": United Press International provides this report on yesterday's news from the White House. Hmmm, I wonder if any of yesterday's recess appointments were for Article III judgeships? Posted at 19:46 by Howard Bashman "Utah judge joins surveillance court": The Deseret News today contains an article that begins, "One of Utah's federal judges will be among the 11 judges serving on an intelligence surveillance court in the nation's capital. U.S. District Judge Dee Benson has been appointed by U.S. Supreme Court Chief Justice William H. Rehnquist to the Foreign Intelligence Surveillance Court, which is charged by a 1978 statute with granting or denying governmental requests to perform electronic surveillance without a warrant." Posted at 19:41 by Howard Bashman "Judge rules being called homosexual is not libelous": The Associated Press provides this report from Boston. In related coverage, The Boston Globe today reports that "Suit filed by ex-Madonna beau rejected; Gay-marriage law used by judge in dismissal." A copy of the ruling does not yet appear to be available online via the Web site of the U.S. District Court for the District of Massachusetts. Posted at 19:35 by Howard Bashman "Schwarzenegger Sees Money for State in Punitive Damages": Adam Liptak will have this article in Sunday's issue of The New York Times. Posted at 19:34 by Howard Bashman "The Big Name in Alabama's Primary Isn't on the Ballot": Sunday's issue of The New York Times will contain an article that begins, "Roy S. Moore's coattails would not seem to have much to recommend them." Posted at 19:30 by Howard Bashman On the agenda: To kick-off the holiday weekend, my son and I will be attending this afternoon's baseball game between the Philadelphia Phillies and the Atlanta Braves at brand-new Citizens Bank Park in Philadelphia. Long-time readers of this blog already know which team we'll be rooting for. Update: The Braves won 9-3. And J.D. Drew's response to the reception he regularly receives in Philadelphia -- no, they're not saying "Drewwwww" -- was to smack a 2-run homer in the third inning. Posted at 09:24 by Howard Bashman Friday, May 28, 2004
The Los Angeles Times is reporting: Today's newspaper reports that "Jury in Peterson's Murder Trial Selected; Opening statements are set Tuesday; The panel will decide whether the Modesto man killed his wife and unborn son." In celebrity-related news, "Judge Orders Streisand to Pay $177,000 for Photographer's Legal Fees; The singer's $10-million lawsuit over an online image of her property was dismissed"; "Judge in Jackson Case Is Pressing for an Early Trial; The pop singer's lawyers contend that prosecutors have been slow in turning over evidence in the alleged molestation"; and "Still No Trial Date for Bryant; Judge blames delay on prosecution, which wants to retest DNA samples; Next hearing is June 21." In regional news, "Rape Trial Witnesses Challenged; The prosecution in a high-profile case against three teens attacks the credibility of testimony"; "Jury Rejects Claims Against Rezulin; Panel rules the diabetes drug can hurt liver but didn't cause two deaths or a man's illness; Hundreds of other cases are pending in L.A."; "Jury in Rape Case Deadlocks; Panelists fail to agree on charges against three young men accused of sexually assaulting a UCLA student; One is convicted in another incident"; and "Tool Firm Loses Suit on USA Labels." A front page article is headlined "Cashiered Over Cache in Baghdad; When GIs stumbled on multimillion-dollar stash, Matt Novak dived in; He then 'tried to make it right,' but thinks he got a raw deal." And Law Professor Mitchell Berman has an op-ed entitled "Putting Fairness on the Map; The high court has a chance to ease flagrant partisan gerrymandering."
Thursday's newspaper reported that "Court Rejects Ashcroft, Backs Suicide Law; In a 2-1 ruling, appeals justices say that the attorney general exceeded his authority when he targeted Oregon's measure." In other news, "GIs Told to Cooperate in Abuse Probe; General in Iraq issues a memo after three people refuse to testify and soldiers talk about how the Abu Ghraib scandal has lowered morale." An article reports that "Nichols Guilty in Oklahoma Trial; His conviction on 161 state murder counts in the 1995 bombing was 'long overdue,' a victim's mother says; Jurors will decide his fate next." In news from Colorado, "Prosecutors Seek New DNA Tests; Original results contradict Bryant accuser's statements to investigators; Setting of a trial date might be affected." In regional news, "Friends Testify in Rape Trial; Associates contradict the recollection of the alleged victim of gang rape on several points; The three are the first defense witnesses." And letters to the editor appear under the headings "Doubts on Diverting Punitive Damages" and "Teen Girls Often Won't Report 'Drug Rapes.'" Posted at 22:30 by Howard Bashman "Wise Counsel: Appoint a special counsel to investigate Geneva violations." Law Professor Neal Katyal has this jurisprudence essay online at Slate. Posted at 17:10 by Howard Bashman A student's constitutional tort claims arising from punishment received for performing silent fist-raising salute during recitation of the Pledge of Allegiance in public school gives rise to 118-page Eleventh Circuit ruling: You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. Circuit Judge Charles R. Wilson dissents in part, because in his view the student "does not have a First Amendment right to raise his clenched fist in the air during the school’s recitation of the Pledge any more than he would have a First Amendment right to raise his fist in the air during math class." Posted at 16:58 by Howard Bashman Pre-holiday weekend judicial confirmation controversy round-up: At WorldNetDaily.com, Jane Chastain yesterday had an essay entitled "Bush throws in towel on judiciary." Offering an opposing view, The Winston-Salem Journal yesterday published an editorial entitled "Mature Solution." On Wednesday, The Birmingham News published an editorial entitled "Sierra Club dud: Environmental group should support, not oppose, Pryor." And Grist Magazine on Wednesday offered an article entitled "Pryor Restraint: Sierra Club fights appointment of right-wing federal judge." Posted at 16:42 by Howard Bashman "Kansas Supreme Court to Hear ACLU Appeal of 17-Year Prison Sentence for Gay Teenager": The ACLU yesterday issued a press release that begins, "The Kansas Supreme Court has agreed to consider the American Civil Liberties Union's appeal on behalf of a gay teenager who was sentenced to 17 years in prison for consensual oral sex, the ACLU said today. Matthew Limon has already been in prison for four years and three months -- three and a half times longer than the maximum sentence he would have received if he were heterosexual." Posted at 16:27 by Howard Bashman "ACLJ Files Brief on Behalf of Members of Congress Asking Federal Court in New York to Uphold Constitutionality of National Ban on Partial-Birth Abortion": The American Center for Law and Justice yesterday issued this press release. A copy of the brief can be accessed at this link (36-page PDF file). Posted at 16:21 by Howard Bashman "How Can I Sex Up This Blog Business? Hot gossip! Cool gadgets! Gawker & Gizmodo, Fleshbot & Wonkette! Inside Nick Denton's plan to become the nanopublishing media mogul." This article appears in the June 2004 issue of Wired magazine. And speaking of the "Gawker" blog, today it has a post entitled "Paul, Hastings: 'Gossips, Backstabbers and Napoleonic Personalities.'" Posted at 16:11 by Howard Bashman Dusting off the electric chair in South Carolina: In just about two hours from now, James Neil Tucker is scheduled to be executed in South Carolina's electric chair. The Associated Press reports here that "Tucker will be the first inmate in the nation to be electrocuted in more than a year and the first in South Carolina since 1996." The article also explains that "Tucker, 47, didn't actually [affirmatively] choose the electric chair. Under South Carolina law, any inmate sent to death row before June 1995 can ask to die by lethal injection. But if no decision is made, the condemned go to the chair by default." Relatedly, today's edition of The Times and Democrat of Orangeburg, South Carolina contains an editorial arguing that "Lethal injection should replace electric chairs, gas chambers, firing squads." Posted at 16:03 by Howard Bashman "Justices question role on legislator eligibility": The Reno Gazette-Journal today contains an article that begins, "The Nevada Supreme Court heard arguments Thursday on whether government employees legally can serve as state lawmakers, but justices appeared reluctant to decide the matter before it first passes through district court." Posted at 16:00 by Howard Bashman "The Pennsylvania Superior Court's Policy Of Prohibiting Citation To Unpublished Opinions May Not Be Unconstitutional, But That Policy Nevertheless Should Be Abandoned": The May 2004 installment of my monthly appellate column published in The Legal Intelligencer, which this month law.com graciously included in one of its nationwide electronic newsletters, now can be accessed free-of-charge at this link. The ruling that inspired this month's column can be accessed here. Posted at 15:30 by Howard Bashman "Carcieri nominates lawyer Robinson to Supreme Court; A General Assembly spokesman says it's possible to have a confirmation vote before the legislature adjourns in a month or so": The Providence Journal today contains an article that begins, "Governor Carcieri yesterday nominated lawyer William P. Robinson III for a Rhode Island Supreme Court vacancy, citing his appellate trial experience and 'considerable intellectual prowess.'" Posted at 15:27 by Howard Bashman In news and commentary pertaining to Oregon: The Salem Statesman Journal reports today that "Gay-marriage legal case heads to Oregon Court of Appeals." And The Oregonian reports that "Residue of arrest clutters Mayfield's present, future; The lawyer joins the unfortunate few who have faced the task of rebuilding their lives after being falsely linked to heinous crimes." In commentary, today The Las Vegas Review-Journal contains an editorial entitled "Assisted suicide." And Detroit Free Press columnist Brian Dickerson today has an essay entitled "Court hands liberty a win over Ashcroft." Posted at 15:15 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Falun Gong asks court to reinstate lawsuit against Jiang Zemin" and "Trial Merges Terror Charges, Free Speech." Posted at 14:50 by Howard Bashman Eight judges dissent, but the Ninth Circuit denies rehearing en banc in case recognizing causes of action for negligence and public nuisance against the manufacturers and distributor of guns used in the Los Angeles-area Jewish Community Center shootings nearly five years ago: You can access at this link today's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc. Circuit Judge Consuelo M. Callahan wrote the principal dissent, and Circuit Judge Alex Kozinski chimed in with a few additional words. The ruling of the original divided three-judge panel thus remains the law of the Ninth Circuit. Circuit Judge Richard A. Paez wrote that decision, in which Circuit Judge Sidney R. Thomas joined. I had this write-up concerning the three-judge panel's ruling on the day it issued back in November 2003. Posted at 13:58 by Howard Bashman "U-M's next class looks whiter; why is debated; Confusion cited on court ruling; form to apply is harder": This article appears today in The Detroit Free Press. The Detroit News reports that "U-M draws fewer minorities; Applications down 21%, but officials say they're on track." The Ann Arbor News reports that "Fewer blacks apply to U-M; Officials report drop in number of students putting down deposits" and "Race petitions put off until '06." Meanwhile, from California, The Daily Bruin today reports that "Bill may let UC consider race." Posted at 12:23 by Howard Bashman Today's Ten Commandments news: The Salt Lake Tribune reports that "Judge says Summum religion likely to win monument case." (For more information about the Summum religion, see my post from July 19, 2002.) And from Alabama, The Birmingham News reports that "Hoover chamber tells AG: Commandments pin political." Posted at 11:52 by Howard Bashman "Quick Verdict A Favor To Nichols?" CBS News analyst Andrew Cohen has this essay. Posted at 11:31 by Howard Bashman But where does he stand on thespian marriage? Thanks much to the reader who emailed to note that I overlooked Al Kamen's "In the Loop" column today in The Washington Post. Therein, Kamen writes: Special-Interest Amendment?The quoted passage appears as the fourth item in Kamen's column published today. Posted at 11:10 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Court Lifts Abortion Law Restraining Order"; "Shoe Bomber Can't Have Uncensored Time"; "Peterson Jurors Open to Death Penalty"; "Laci Peterson Law Keep Mexican in U.S."; and "N.C. Lawyer to Give Info on Dead Suspect." Posted at 09:00 by Howard Bashman "High court to decide whether poem constitutes threat; San Jose teen wrote of killing students at school with guns": In today's issue of The San Francisco Chronicle, Bob Egelko has an article that begins, "The California Supreme Court pondered literary freedom, school safety and one justice's vision of a rhyming bank robber Thursday as it tried to decide whether a San Jose teenager was a misunderstood poet or a public menace." Howard Mintz of The San Jose Mercury News has an article headlined "Poetic license or intent to kill? State court weighs what San Jose student meant." Maura Dolan of The Los Angeles Times reports that "Boy's 'Violent Poem' Conviction Is Appealed; The state Supreme Court takes up the case of a teenager who, in the wake of the Columbine shootings, wrote about taking guns to school." And David Kravets of The Associated Press reports that "Calif. Court to Decide on Violent Poetry." Posted at 07:17 by Howard Bashman Available online from law.com: Marcia Coyle has an article headlined "Watching Out for 'Lane' Changes; Scope of Title II still unclear after high court decision on ADA, states' rights." And in news from Florida, "$26.5M Benlate Award Tossed Over Improper Jury Instruction." Posted at 07:11 by Howard Bashman In Friday's newspapers: The New York Times reports that "Rowland Sues to Prevent Having to Appear at Inquiry." An obituary is headlined "Prentice H. Marshall, Federal Judge, Dies at 77." An editorial is entitled "The Rights of the Terminally Ill." And Law Professor Joseph A. Grundfest has an op-ed entitled "How Much Is Too Much?" The Washington Post reports that "Former Rite Aid Chairman Gets 8 Years; Martin L. Grass Pleaded Guilty in Fraud Conspiracy." And an article is headlined "How Does Courtney Love Plead? Grungy." Posted at 06:30 by Howard Bashman Thursday, May 27, 2004
"Printing Problems: The inexact science of fingerprint analysis." David Feige has this jurisprudence essay online at Slate.
Posted at 22:42 by Howard Bashman
"In next round, will disability rights be broadened further? The Supreme Court sends six cases back to lower courts after its key decision last week favoring a man in a wheelchair." Warren Richey will have this article in Friday's edition of The Christian Science Monitor. Posted at 22:35 by Howard Bashman "Rehnquist Speech Highlights Dedication of Restored Ohio Judicial Center": The Ohio Judicial Center has issued this press release. You can watch Chief Justice Rehnquist's speech by clicking here (Real Player required). The Chief Justice's speech begins at 1 hour and 8 minutes and 45 seconds into the video. He even cracks an extemporaneous joke shortly into his speech after the audience provided what seemed to be an unexpected reaction. Of course, if you're interested in the building's dedication, be sure to watch the entire video. Posted at 17:00 by Howard Bashman "A&M Bonfire suits dismissed by judge; Appeals court must make ruling": This article appears today in The Houston Chronicle. Posted at 16:54 by Howard Bashman Available at National Review Online: Manuel A. Miranda has an essay entitled "Strategizing: Senate Republicans start the action." And Wesley J. Smith has an essay entitled "Euthanizing the CSA: Ready for 50 different drug-control regimes?" Posted at 16:46 by Howard Bashman Grilled Wahoo, the day after: The Cleveland Plain Dealer today reports that "High court hears protesters' case; Police training faulted in '98 demonstrators' arrests." You can view online yesterday's oral argument in this case before the Supreme Court of Ohio by clicking here (Real Player required). You can access a summary of the case at this link. The opinion of the Ohio Court of Appeals for the Eighth District is accessible here. My earlier coverage of this matter is available here. Posted at 16:38 by Howard Bashman "Minor drug arrest, major issue for illegals; Thousands of illegal immigrants arrested for minor drug offenses could fight deportation if a Mexican man living in Homestead wins his federal appeal, which was argued Wednesday": This article appears today in The Miami Herald. Posted at 16:25 by Howard Bashman "U-M minority applications down 21 percent": The Detroit Free Press today contains this article. Posted at 16:18 by Howard Bashman "Issue can be political loser for president in Oregon; Some say Bush should drop his aggressive efforts against assisted suicide in this battleground state": This article appears today in The Oregonian. Posted at 16:08 by Howard Bashman Bad news Bunkley: Exactly one year ago today, the Supreme Court of the United States issued its ruling in Bunkley v. Florida, No. 02-8636 (per curiam). And one year ago tomorrow, I provided the following summary of that ruling: In the early morning hours one day back in April 1986, Clyde Timothy Bunkley burglarized a closed, unoccupied Western Sizzlin' Restaurant. He was arrested shortly thereafter, and police discovered a small pocketknife -- where else -- in Bunkley's pocket. No evidence exists that the pocketknife was used in the burglary. Under Florida law, someone who commits burglary while armed with a dangerous weapon can be sentenced to life imprisonment, while someone who commits burglary without being armed with a dangerous weapon faces only a maximum of five years in prison. Bunkley, it almost goes without saying, was sentenced to life behind bars.Today, on the one-year anniversary of the U.S. Supreme Court's ruling, the Supreme Court of Florida issued its ruling on remand. By a vote of 4-2, with one justice recused, Florida's highest court today upheld Bunkley's life sentence in a decision, with dissents, that totals 81 pages. In early press coverage of the ruling, The Associated Press reports that "Court upholds life sentence for burglar with pocketknife." Posted at 15:55 by Howard Bashman On today's broadcast of NPR's "Day to Day": Today's program contained segments entitled "Legal Challenges to Oregon's Assisted Suicide Law" and "GOP Control of Congress Threatened in November." Posted at 15:10 by Howard Bashman Maybe he was hoping to win the Publishers Clearinghouse Sweepstakes? Who knew that convicted shoe-bomber Richard C. Reid was such a passionate fan of Time magazine? Today's ruling of the U.S. Court of Appeals for the First Circuit contains the details. Posted at 14:45 by Howard Bashman The Chief Judge of the U.S. Court of Appeals for the Third Circuit announces the designation of two federal district judges to replace Alfred M. Wolin in presiding over two asbestos-related bankruptcy cases from which Judge Wolin's recusal has been ordered: Today's orders are available here and here. In all, Judge Wolin's recusal had been ordered from three asbestos-related bankruptcy cases. Today's orders designate two different judges to take over two of those three cases; no order is available online yet designating a judge to take over in the third case. For those desiring more information, my earlier posts on this matter can be accessed here, here, and here. Posted at 14:20 by Howard Bashman In news from Utah: The Salt Lake Tribune today contains an article headlined "Judge's religion not an issue, court says" that begins, "A federal appeals court in Denver on Wednesday denied a petition by the former owners of The Salt Lake Tribune to compel a federal judge to disclose details on his church and political dealings." And The Deseret Morning News reports that "Judge panel rules against McCartheys; Stewart need not release data about himself for Trib suit." I first noted yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit last night in a post you can access here. In other news, The Tribune reports that "Abortion curbs might be eased." And relating to the Ten Commandments, The News contains an article headlined "Settle tablets lawsuit, city told." Posted at 11:59 by Howard Bashman On today's broadcast of NPR's "Morning Edition": This morning's broadcast contained segments entitled "Jury Convicts Nichols, Must Now Weigh Death Penalty" and "Colorado School Vouchers." Posted at 11:43 by Howard Bashman U.S. Court of Appeals for the Eighth Circuit continues to adhere to the "collective rights" view of the Second Amendment to the U.S. Constitution: As the majority opinion issued by a three-judge panel today explains, "Since Lippman has not shown that his firearm possession was reasonably related to a well regulated militia, his Second Amendment argument cannot succeed." Circuit Judge Steven M. Colloton, who joined the Eighth Circuit last September, issued an opinion concurring in part and concurring in the judgment in which he notes that both the criminal defendant and the United States agree that the Second Amendment protects an individual's right to bear arms. Judge Colloton writes (citation omitted), "It is an interesting question whether a prior panel decision binds a subsequent panel if both parties believe that the precedent is incorrect and decline to invoke it. I need not dwell on that conundrum here, because Lippman's constitutional claim also fails under the more expansive interpretation of the Second Amendment advanced by the parties." Posted at 11:30 by Howard Bashman Available online from law.com: Shannon P. Duffy reports that "Fen-Phen Opt-Outs Win Evidentiary Victory; Appeals court strikes overbroad restrictions." (And no, Shannon's article is not mentioned first solely because today is his birthday.) Tony Mauro reports that "Supreme Court Considers Libel Doctrines." In other news, "California Supreme Court Weighs Mom's Right to Block Visits; In separate matter, justices hear death penalty case." An article reports that "New Questions Arise About Touch-Screen Voting Machines; In audit of iVotronic's performance in a Florida city, 162 ballots failed to appear, flaw was slow to surface." And an article headlined "Feeding Time" discusses RSS newsreaders. Posted at 11:01 by Howard Bashman "Moore to appeal ouster to U.S. Supreme Court": This article appears today in The Birmingham News. And a related article reports that "Moore blasts Brown over ads concerning commandments." Elsewhere, The Montgomery Advertiser reports that "Moore appeals removal." Posted at 09:44 by Howard Bashman U.S. Court of Appeals for the Sixth Circuit upholds $1.4 million jury award against Norfolk Southern Railway Company for vegetation negligence: You can access today's ruling at this link. The U.S. Supreme Court has already issued one ruling on the merits of this case. Posted at 09:31 by Howard Bashman "Court bars Ashcroft role in suicide law": The Oregonian today contains this article. The Oregonian also contains an editorial entitled "Assist for state on assisted suicide; 9th Circuit rightly blocks Ashcroft attack on Oregon law." The Salem Statesman Journal reports that "Oregon's assisted-suicide law upheld; Judges write that John Ashcroft overstepped bounds" and "Ashcroft seeks new strategy to defeat assisted-suicide law; Court decision has minimal impact, Oregon analysts say." The Statesman Journal also contains an editorial entitled "Open letter to Ashcroft: Butt out of Oregon; The state wants to end interference with its law." Elsewhere, Bob Egelko of The San Francisco Chronicle reports that "Bid to stop suicide law rejected; Court calls U.S. effort to punish doctors improper." And The Recorder contains an article headlined "9th Circuit to Ashcroft: Back Off; Split panel says medical issues should be left to states." Posted at 09:16 by Howard Bashman "Al-Hussayen's defense rests after calling just one witness; Jury will hear closing arguments starting Tuesday": This article appears today in The Idaho Statesman. Posted at 09:07 by Howard Bashman In Thursday's newspapers: The New York Times reports that "Nichols Is Found Guilty in Oklahoma Bombing." An article reports that "Dieter Sues Atkins Estate and Company." In news from the war on terror, "Prison Interrogations in Iraq Seen as Yielding Little Data on Rebels"; "How Colonel Risked His Career by Menacing Detainee and Lost"; and "F.B.I. Seeks Man in California for Possible Terror Connection." An article reports that "Rowland and Panel Weigh Strategies After a Subpoena." In business news, "Exchange Ready to Battle Grasso Over Bonus Pay." An editorial is entitled "Judicial Ethics Under Review." And Scott Turow has an op-ed entitled "Cry No Tears for Martha Stewart." The Washington Post reports that "Nichols Guilty of 161 Counts of Murder; State Verdict Brings Oklahoma City Bombing Participant Closer to Death Sentence." In other news, "Sniper Trial In Fairfax Faces Legal Hurdles; Previous Prosecutions Complicate the Case Against Muhammad." An article reports that "Md. Rally Opposes Execution; Death Penalty Foes Concede Difficulties in Case." In business news, "Enron Trials Will Challenge Jurors." In sports, "Draft Rule Will Be Made Much Clearer." And an editorial is entitled "Apology Is Not Enough." The Christian Science Monitor reports that "France joins gay marriage debate; A mayor challenges France to consider gay marriage by offering the nation its first same-sex 'wedding' next week." And at OpinionJournal, Daniel Grant has an essay entitled "Art vs. Property Rights: Owners of artworks have legal obligations to the artists. Is that fair?" Posted at 07:10 by Howard Bashman Wednesday, May 26, 2004
"Ashcroft Loses in Fight Against Oregon's Assisted Suicide Law": Henry Weinstein of The Los Angeles Times provides this news update. And Thursday's issue of The Washington Post will report that "Court Rules on Aided Suicide; Appeals Panel Says Ashcroft Overstepped Bounds in Oregon."
Posted at 23:50 by Howard Bashman
Elsewhere in Wednesday's newspapers: The Los Angeles Times reports that "FBI Ignored Spain's Doubt on Fingerprint; The embarrassed agency will review its mistakes in the case; The top agent in Portland will apologize to the lawyer held as a suspect." An article is headlined "You're being watched: Voices on all sides are raising concerns about post-9/11 security laws and the interpretation of those measures. How much privacy can we lose?" In regional news, "Rape Case Defense Questions Motives; Attorneys for the three accused in videotaped incident say the alleged victim wanted charges pressed just to get money"; "Love Agrees to Narcotics Counseling in Plea Deal"; and "Woman Freed After 22 Years in Prison; The state cited battered woman's syndrome in releasing the immigrant, once held as a sex slave." An article reports that "Bryant Seeking Phone Records." In other news, "Case Against Nichols Circumstantial, Based on Bad Science, Defense Says; Prosecutors were 'not searching for the truth,' the bombing suspect's lawyers contend in final arguments; Jurors begin deliberations today." And a letter to the editor appears under the heading "Seeking Marriage Laws That Don't Discriminate." The Boston Globe reports that "Prosecutors target wrongful convictions." Columnist Eileen McNamara has an essay entitled "Imperfect norm." And Nonnie S. Burnes and Pamela J. Wood have an op-ed entitled "Don't blame juries when facts don't fit." Posted at 23:30 by Howard Bashman Tenth Circuit rejects efforts to recuse Mormon federal district judge from continuing to preside over lawsuit involving the ongoing fight over the ownership and control of The Salt Lake Tribune: You can access today's unanimous ruling of a three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link. The appellate court writes, in a very interesting passage toward the end of its opinion, that "we note that merely because Judge Stewart belongs to and contributes to the Mormon Church would never be enough to disqualify him." Posted at 23:20 by Howard Bashman On this evening's broadcast of NPR's "All Things Considered": The broadcast included segments entitled "Court Upholds Oregon Suicide Law" and "Nichols Convicted of Murder in Oklahoma Trial" (Real Player required). Posted at 23:10 by Howard Bashman "Assisted suicide upheld; An appeals court says the Bush administration can't interfere with the landmark Oregon law": The Oregonian provides this news update. Posted at 23:05 by Howard Bashman In Thursday's issue of The New York Times: Adam Liptak will have an article headlined "Ruling Upholds Oregon Law Authorizing Assisted Suicide." And in other news, "For Some, the Blogging Never Stops." Posted at 23:01 by Howard Bashman "Judicial nomination deal only a short-term solution": This editorial appears today in The Pantagraph of Bloomington, Illinois. Posted at 17:40 by Howard Bashman "New rules open up judicial campaigns; Judge candidates can speak out, blast opponents": Today's issue of The Atlanta Journal-Constitution contains this article. Posted at 17:37 by Howard Bashman "Court to decide definition of sexual predator": This article appears today in The Cleveland Plain Dealer. Posted at 17:35 by Howard Bashman "Perry wants 10% college admission rule revised": The Houston Chronicle today contains this article. Posted at 17:33 by Howard Bashman "Mo. Supreme Court will review timing of vote on gay marriage": This article appears today in The St. Louis Post-Dispatch. Posted at 17:30 by Howard Bashman Ford Motor Company, in the news: Thursday's issue of The Courier-Mail reports that "Ford pays $16m to Gympie car victim." Gympie does not refer to the victim's condition; rather, it is the name of the place in Australia where she resides. In other coverage of this payment, The Lexington Herald-Leader yesterday reported that "Ford pays victims, families $37.5 million; Three died in 1995 van rollover crash in Scott." Finally, today The Detroit News reports that "Ford cited for holding key evidence; Judges warn company about failure to provide court papers." Posted at 16:45 by Howard Bashman "Dershowitz Granted Appeal for Bad Book Review": Today's broadcast of NPR's "Day to Day" included this segment (Real Player required). Posted at 16:35 by Howard Bashman En banc Fourth Circuit emphasizes that Rule 11's "safe harbor" provisions must be followed by party seeking Rule 11 sanctions: You can access today's en banc ruling of the U.S. Court of Appeals for the Fourth Circuit at |