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Monday, January 31, 2005
In Tuesday's edition of The New York Times: Neil A. Lewis will have an article headlined "Judge Extends Legal Rights for Guantanamo Detainees."
An article will report that "In Connecticut, Execution Is Off Indefinitely." And in other news, "Evolution Takes a Back Seat in U.S. Classes." Posted at 22:54 by Howard Bashman "Orwellian Guantanamo": CBS News legal analyst Andrew Cohen has this essay online this evening. Posted at 22:50 by Howard Bashman "Judge Rules Detainee Tribunals Illegal": This front page article will appear in Tuesday's edition of The Washington Post. Financial Times reports that "US court allows Guantanamo Bay challenge." And Bloomberg News reports that "Guantanamo Inmates Win U.S. Court Ruling on Detention." Posted at 22:32 by Howard Bashman "Supreme Court nullifies Oakland, Los Angeles 'subprime' lending laws": David Kravets of The Associated Press provides this report. And Reuters reports that "Calif. court rules out local subprime mortgage laws." You can access today's 4-3 ruling of the Supreme Court of California, in which the majority opinion is written by D.C. Circuit nominee Janice Rogers Brown, at this link. Posted at 22:24 by Howard Bashman What if U.S. Senator Rick Santorum (R-PA) was correct? On Saturday, The Lincoln Journal Star published an article headlined "Stripper's sentence upheld" that begins, "The videotapes do not lie, the Nebraska Supreme Court said Friday in upholding an exotic dancer's conviction and sentence for performing sex acts with a dog." In other coverage, The Associated Press reports that "Stripper's Sentence For Performing Sex Acts With Dog Upheld." You can access Friday's ruling of the Supreme Court of Nebraska at this link. In largely unrelated news, today I had the distinct pleasure of speaking at length with Lara Jakes Jordan of The Associated Press. She formerly covered Pennsylvania's U.S. Senators for The AP (details on her interview of Senator Santorum referenced in this post's title can be found here), and now she covers the Homeland Security beat for The AP. Her statement in the Santorum interview -- "I'm sorry, I didn't think I was going to talk about 'man on dog' with a United States Senator; It's sort of freaking me out" -- qualifies as an all-time classic rejoinder. Posted at 22:15 by Howard Bashman "Better Justice: Bush's Missed Opportunity." Stuart Taylor Jr. has this essay in today's issue of National Journal. Posted at 19:50 by Howard Bashman "Democrats flash steel on Gonzales; Their opposition, to the point of alienating Hispanics, offers a preview of likely fight over judicial nominations": This article will appear Tuesday in The Christian Science Monitor. The full U.S. Senate is scheduled to debate tomorrow the nomination of Alberto R. Gonzales to serve as U.S. Attorney General. Posted at 19:40 by Howard Bashman "Judge: Detainees Can Challenge Confinement." The Los Angeles Times provides this news update. And this evening's broadcast of NPR's "All Things Considered" contained a segment entitled "U.S. Judge Rules Against Guantanamo Tribunals" (RealPlayer required). Posted at 19:33 by Howard Bashman "Statement of The Justice Department Regarding Today's Ruling in the Guantanamo Detainee Cases": The U.S. Department of Justice issued this press release today. Posted at 18:34 by Howard Bashman Students who are gun enthusiasts reportedly still greatly value the Second Amendment: The Associated Press is reporting that "First Amendment No Big Deal, Students Say." The "Future of the First Amendment" report can be accessed via this link. Posted at 17:55 by Howard Bashman "I Like Mike: Michael Chertoff isn't the Neanderthal he's been made out to be." Slate has just posted online this jurisprudence essay by Phillip Carter. Posted at 17:25 by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Conn. Delays Execution of Serial Killer" and "Judge Denies Quote About Rape Victim." Posted at 16:55 by Howard Bashman He's lost his capacity to enter into contracts: Law Professor E. Allan Farnsworth passed away this morning. PG offers these details at the "De Novo" blog. Posted at 16:23 by Howard Bashman "National Media Appeal Ownership Rules": The Associated Press reports here that "Tribune Co. and the parent companies of CBS, Fox and NBC have asked the Supreme Court to restore the government's sweeping new media ownership rules, which have been thrown out by a lower court." Posted at 15:44 by Howard Bashman "Guantanamo Bay Military Reviews Ruled Illegal; Trials Violate Principles of Due Process, Federal Judge Rules": The Washington Post provides this news update. And online at "SCOTUSblog," Lyle Denniston has a post titled "District Courts conflict on detainees' rights." Posted at 14:12 by Howard Bashman Access online Zacarias Moussaoui's petition for writ of certiorari filed in the Supreme Court of the United States: My request for a copy of the redacted cert. petition has achieved results, but the legibility of the document I am posting is unfortunately quite poor. You can access the redacted cert. petition, which is no longer "Top Secret Classified," at this link. Posted at 14:10 by Howard Bashman "U.S. Judge: Guantanamo Tribunals Unconstitutional." Reuters provides this report. And The Associated Press reports that "Judge Backs Guantanamo Detainee Challenges." Posted at 11:40 by Howard Bashman "Filibusted?" That's the subject of this week's "Debate Club" feature online at legalaffairs.org. The participants in this week's discussion are Erwin Chemerinsky and Steven Smith. Posted at 10:00 by Howard Bashman Students seeking to get more stupider should apply elsewhere: The Boston Globe reports that "Governor Dummer Academy seeks a smarter moniker." The school's web site can be accessed here. Posted at 09:50 by Howard Bashman Senior U.S. District Judge Joyce Hens Green rules that Guantanamo detainees, in their habeas corpus petitions, have stated valid Fifth Amendment due process claims and that some may have claims under the Third Geneva Convention: The U.S. District Court for the District of Columbia today issued this opinion and this order in In re Guantanamo Detainee Cases. Posted at 09:30 by Howard Bashman In today's edition of USA Today: Law Professor Jonathan Turley has an op-ed entitled "Legal myths: Hardly the whole truth; The stories are humdingers: People are injured, often while doing foolish things, yet they win huge payouts in court; The tales would be harmless, except that they're the backdrop for a very real push for tort reform." An editorial is entitled "Don't blame the burgers: 'Fat' lawsuits won't fix obesity epidemic; Personal responsibility will." And Law Professor John F. Banzhaf III has an op-ed entitled "Lawsuits can fight fat: Legal action is more effective than public education programs." Posted at 07:05 by Howard Bashman The Montgomery (Ala.) Advertiser is reporting: Today's newspaper contains articles headlined "Lawmakers debate constitution changes" and "Fight provokes negative image." Posted at 07:02 by Howard Bashman "A Phony Cure: Shifting class actions to federal courts is no reform." Lorraine Woellert has this commentary in the February 7, 2005 issue of BusinessWeek. Posted at 07:00 by Howard Bashman "No Change for CU in Military Recruiting; Circuit Court Voids Pro-Recruiting Law; Overturn Expected": The Columbia Daily Spectator contains this article today. And online at The Roanoke Times, columnist Dr. Reginald Shareef has an essay entitled "Not Solomon's wisdom." Posted at 06:58 by Howard Bashman "Travis cave bug case could test U.S. law; Supreme Court pondering whether to hear challenge": This article appears today in The Austin American-Statesman. Posted at 06:54 by Howard Bashman "A Federal Judge Dismisses an Obscenity Prosecution on Privacy Grounds: A Decision That, If Followed, Could Transform the Law." FindLaw columnist Julie Hilden has this essay online today. The decision in question can be viewed at this link. Posted at 06:44 by Howard Bashman In news pertaining to Connecticut's death penalty volunteer: The New York Times reports today that "Serial Killer Seeks Examination Instead of Execution Today." The Hartford Courant today contains articles headlined "Ross To Delay Execution" and "Death Penalty Foes To Rally Forces." And The Day of New London, Connecticut reports today that "For Victims' Families, Delay Compounds The Nightmare; Some Condemn Judge's Harsh Words." Posted at 06:35 by Howard Bashman "Pro-Bush forces gear up for Supreme struggle": This article appears today in The Washington Times. Posted at 06:30 by Howard Bashman "Resist the Filibuster Fiat": Today in The Washington Post, Kevin Drum has an op-ed that begins, "During President Bush's first term, 10 of his judicial nominees were filibustered by Senate Democrats." Posted at 06:15 by Howard Bashman Sunday, January 30, 2005
"Amid Praise, Doubts About Nominee's Post-9/11 Role": Monday's edition of The Washington Post will contain a lengthy front page article that begins, "On Nov. 28, 2001, then-Assistant Attorney General Michael Chertoff took a seat before a Senate committee and offered reassurance on two fronts: The Justice Department was unrelenting in pursuit of terrorists. And none of its tactics had trampled the Constitution or federal law."
Posted at 23:35 by Howard Bashman
"We have compensation case, says Habib lawyer": Monday's edition of The Sydney Morning Herald contains an article that begins, "There were grounds for the former Guantanamo Bay prisoner Mamdouh Habib to seek compensation from the US Government for his detention, Mr Habib's US lawyer, Joe Margulies, said yesterday." Posted at 22:10 by Howard Bashman "Conn. Execution Scheduled to Go Forward": The Associated Press reports here that "A defense attorney for a serial killer who wants to die said Sunday that he will remain on the case, a decision that officials said keeps the inmate on track to become the first person executed in New England in 45 years." Posted at 21:05 by Howard Bashman "ACLU Calls on Gonzales to Appoint Special Counsel on Torture Abuses; Full Criminal Investigation of Civilian Officials Must Be Free of Political Pressure": The ACLU has issued this press release today. A related letter that the ACLU has sent to U.S. Senators can be accessed here. And on Wednesday, Newsweek posted online an article headlined "Unanswered Questions: The White House wanted a smooth confirmation process for Alberto Gonzales; Here's why Democrats wouldn't cooperate." Posted at 12:22 by Howard Bashman In news relating to Connecticut's death penalty volunteer: The Hartford Courant today contains articles headlined "Execution Is In Legal Limbo; Lawyers Say Withdrawal Of Ross' Attorney Would Delay Events Indefinitely" and "Bitter Town Exasperated By New Delay; Many Expected Conclusion Saturday And Now Wearily Await Monday." And The Day of New London, Connecticut today contains articles headlined "Ross' Lawyer Finds Himself In A Dilemma; Paulding's 'Conflict' Leaves Killer's Future Hanging In The Balance" and "Strange Timing For Death-penalty Debate; Legislature Considers Issue On Day Planned For Execution Of Ross." Posted at 12:20 by Howard Bashman "No apology issued to Cupertino school; Parents, legal group tussle over lawsuit": The San Jose Mercury News today contains an article that begins, "Parents at Stevens Creek Elementary want a Christian-ministry-backed legal group to apologize for the weeks of tumult that struck the Cupertino campus after a teacher sued school officials for blocking his use of classroom handouts with religious references." Posted at 12:15 by Howard Bashman "A Supreme Court divided by fighting conservatives": Today in The San Francisco Chronicle, Law Professor Thane Rosenbaum has this review of Law Professor Mark V. Tushnet's new book, "A Court Divided: The Rehnquist Court and the Future of Constitutional Law." Posted at 09:44 by Howard Bashman "Jackson Trial Judge Rejects Sidebars and Sideshows; Rodney S. Melville is making it clear he's no Lance Ito, who presided at the O.J. Simpson trial": This article appears today in The Los Angeles Times. Posted at 09:42 by Howard Bashman "Bill Aims to Curb Out-Of-State Abortions": The Associated Press reports here that "The abortion bill most likely to become federal law this year would affect a relatively small number of pregnant teens, yet its impact on them could be dramatic - sharply reducing the options for girls in many states who dread telling their parents of their plight." Posted at 09:40 by Howard Bashman "To Some, 'Chief Justice Scalia' Has a Certain Ring": Charles Lane has this news analysis in today's edition of The Washington Post. Posted at 09:35 by Howard Bashman Saturday, January 29, 2005
"Missing the boat on the CJ derby": This post appeared online today at the blog "Blue Mass. Group."
Posted at 23:58 by Howard Bashman
"Jackson '05: The Courtroom Thriller; Jury Selection Set to Begin Pop Star's Trial." This front page article will appear Sunday in The Washington Post. Posted at 23:45 by Howard Bashman "Administration sticks up for commandments": Michael Kirkland, UPI Legal Affairs Correspondent, provides this report. Posted at 23:44 by Howard Bashman "Suburban school becomes flashpoint for religion in the classroom": The Associated Press provides this report. Posted at 23:24 by Howard Bashman "La. license plate issue awaits appeals court; High court refuses to hear similar S.C. case": Thursday's edition of The Advocate of Baton Rouge, Louisiana contained an article that begins, "All eyes are on a federal appeals court in New Orleans now that the U.S. Supreme Court has declined to consider whether states can offer license plates bearing pro-life messages without also offering pro-choice plates." Posted at 23:20 by Howard Bashman "Hispanic groups divided over Gonzales' nomination": Frank Davies of Knight Ridder Newspapers provides this report. Posted at 20:00 by Howard Bashman In news from the State of Texas: Today in The Houston Chronicle, Harvey Rice reports that "Judge lets guilty plea stand; Woman faces possible life term in the deaths of 19 immigrants trapped in trailer." And The Fort Worth Star-Telegram today contains an article headlined "Death Row art sales are ruled legal" that begins, "The Fort Worth killer executed last year for the 1985 killing of a store clerk was not violating the state law against profiting from his crimes when he sold artwork from Death Row over the Internet, the Texas attorney general has ruled." You can access the opinion of Texas Attorney General Greg Abbott at this link. Posted at 19:55 by Howard Bashman "Who Let the Dogs In? The Supreme Court did, by declaring a sniff is not a search." Jacob Sullum has this essay online at Reason. Posted at 19:35 by Howard Bashman Bob Egelko is reporting: In yesterday's edition of The San Francisco Chronicle, he had articles headlined "Governor battles libel lawsuit; British woman says Schwarzenegger groped her, lied" and "Seeking death penalty in train wreck would be unusual, lawyers say." Posted at 19:30 by Howard Bashman "Conference Call With Judge Preceded Delay in Execution": This article will appear in Sunday's edition of The New York Times. A transcript of the conference call can be accessed at this link. Posted at 16:45 by Howard Bashman "Senate fight is brewing": The Cincinnati Post today contains an editorial that begins, "Another year, another Congress, another fight over judicial nominees." Posted at 13:10 by Howard Bashman "Abortion anxiety mounts in U.S.; Bush, Hillary Clinton urge 'common ground' on women's choice; Supreme Court shift could put Roe v. Wade decision in jeopardy": This article appears today in The Toronto Star. And The Topeka Capital-Journal reports today that "Senator reintroduces fetal pain bill; Sen. Pat Roberts is among GOP co-sponsors." The text of the proposed legislation can be viewed at this link. Posted at 13:04 by Howard Bashman "Judge Criticized Killer's Lawyer Before Reprieve": The New York Times provides this news update. A transcript of the quite remarkable teleconference can be accessed at this link. Posted at 13:00 by Howard Bashman "Lessons on reshaping the Supreme Court": Joan A. Lukey has this op-ed today in The Boston Globe. Posted at 08:32 by Howard Bashman In news relating to Connecticut's death penalty volunteer: The Hartford Courant today offers articles headlined "Lawyer Calls Off Execution"; "A Night Of Prayer And Protest, And Then A Postponement; News Of Execution's Delay Met With Relief And Some Confusion"; "Supreme Court Allows Execution To Proceed; State Successfully Appeals Judge's Restraining Order, Panel's Temporary Reprieve"; "Death Watch"; "Calm Before The Execution; At Prison And In Church, An Unusual Evening Unfolds"; "Tales From A Week Of Unrelenting Pressure; People Whose Lives Were Touched By Michael Ross Remember, Reflect, Struggle, Try To Break Free"; and "Ross Murder Drama Lingers In Griswold; Effects Of Serial Killings Still Felt, Two Decades Later." The Day of New London, Connecticut reports that "Snag Delays Ross Execution; Potential conflict cited; serial killer to die Monday"; "Ross First Faced The Electric Chair; Killer's path has taken many twists since arrest in 1984"; and "State's First Execution In 45 Years Set To Go Forward; Only Michael Ross himself can lodge appeal." The New York Times reports today that "Killer's Execution Is Delayed Despite Supreme Court Ruling" and "Sleeplessness for Judges Wrestling With Death." And The Boston Globe reports that "Conn. delays execution of killer; Conflict of interest with lawyer eyed" and "High court clears way for Conn. execution." Posted at 08:15 by Howard Bashman Friday, January 28, 2005
The Associated Press is reporting: Now available online are articles headlined "High Court clears way for Conn. execution" and "Federal judge pressures Ross attorney to stop execution." The transcript of the quite remarkable teleconference that is the subject of the second of these two articles can be accessed at this link.
Posted at 23:40 by Howard Bashman
In Saturday's edition of The New York Times: An article will report that "Security Nominee Gave Advice to the C.I.A. on Torture Laws." Connecticut's death penalty volunteer may be put to death just hours from now, according to an article headlined "Supreme Court Vacates Stay, Setting Stage for an Execution." An article will report on "Australian's Long Path in the U.S. Antiterrorism Maze." In news from Texas, "Judge Says Guilty Plea in Smuggling Must Stand." And an article will report that "At Celebrity Trials, Spotlight Is Sharp but Shifting." Posted at 23:33 by Howard Bashman Available online from law.com: An article is headlined "9th Circuit: No Forcing Therapy on Sex Offender." An interview with the soon to be former U.S. Attorney General is headlined "Ashcroft: Looking Back, Looking Forward." And proving that the Freedom of Information Act doesn't guarantee free information, an article reports that "Freedom of Information Comes at a $372,799 Cost." Posted at 21:50 by Howard Bashman "U-M must pay $672,000 for lawyer fees in race cases; Students' attorneys had sought $2 million; university spent $10 million defending itself": This article appears today in The Detroit News. The Ann Arbor News reports that "Legal fees billed to U-M cut; Judge slashes request from affirmative action plaintiffs' attorneys." And The Michigan Daily reports that "'U' must pay part of legal costs." Posted at 21:45 by Howard Bashman "Moussaoui's appeal: the first hurdle." Lyle Denniston has this post online at "SCOTUSblog." If someone were to email to me the redacted petition for writ of certiorari, I'd happily post it online. Posted at 21:33 by Howard Bashman "Connecticut Prepares for First Execution Since 1960": This evening's broadcast of NPR's "All Things Considered" included this segment (RealPlayer required). Posted at 21:20 by Howard Bashman "Judge won't allow alleged smuggler to change plea": Harvey Rice of The Houston Chronicle provides this news update. Posted at 18:12 by Howard Bashman "Conn. Asks Supreme Court to OK Execution": The Associated Press provides this report. Posted at 17:45 by Howard Bashman "Specter Rebuffs Democrats on Judiciary Hearings": Human Events Online provides this quite interesting report. Posted at 15:50 by Howard Bashman "Court Invalidates Patent for Merck Drug": The Associated Press provides this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued today. In other coverage, Reuters reports that "Judge Rules Merck's Fosamax Patent to End by 2008." And the blog formerly known as "Patently Obvious" offers a post titled "Fosamax case: Patentees should elect the lexicographer option at your own risk." Posted at 15:02 by Howard Bashman Just how difficult is it to overturn an arbitrator's award purporting to construe a collective bargaining agreement? Today a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit upheld an arbitration award even though the arbitrator's decision appeared to rely on language from the collective bargaining agreement that the arbitrator had in fact invented. In other words, the arbitrator purported to quote and then rely on language from the agreement, but the agreement does not contain that language. The Third Circuit's ruling can be accessed at this link. Posted at 14:45 by Howard Bashman "A Few Thoughts on First-Year Law School Grades": Orin Kerr, who plays a law professor on TV, offers these thoughts online at "The Volokh Conspiracy." Posted at 14:33 by Howard Bashman Today's order of the U.S. Court of Appeals for the Second Circuit in the case involving Connecticut's death penalty volunteer can now be accessed online: The order is available at this link. Posted at 14:10 by Howard Bashman Did the U.S. Supreme Court's ruling in Scheidler v. National Organization for Women, Inc. conclude the case in defendants' favor? Not necessarily, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit has ruled, and today that court issued this opinion in which the panel explains its reasoning and a judge dissenting from the denial of rehearing en banc advances a contrary view. Posted at 13:25 by Howard Bashman "Court Overturns Ross Restraining Order": The Hartford Courant offers a news update that begins, "Shortly after noon today, three federal appellate judges vacated a temporary restraining order on the execution of serial killer Michael Ross, scheduled for early Saturday, but then imposed a 22-hour stay on their own ruling -- until 12:01 a.m. Sunday, The delay would give Michael Ross' father, Dan Ross, time to appeal to the U.S. Supreme Court." Posted at 13:05 by Howard Bashman "Denver law firm's demise a lesson for us all": CBS News legal analyst Andrew Cohen has this op-ed today in The Denver Post. Posted at 11:45 by Howard Bashman "U.S. Backs Off Relaxing Rules for Big Media": This article appears today in The New York Times. The Washington Post today contains a front page article headlined "FCC Drops Bid to Relax Media Rules; Agency Sought Fewer Limits on Ownership." The Los Angeles Times reports that "U.S. Won't Appeal Media Ruling; Several companies are still expected to ask the Supreme Court to overturn an appellate decision blocking greater consolidation." Financial Times reports that "White House drops media rules appeal." The Chicago Tribune reports that "Media giants suffer setback; U.S. won't appeal judgment on cross-ownership rules." And The Chicago Sun-Times reports that "Cross-ownership ruling a blow to Trib." Posted at 11:40 by Howard Bashman Today's rulings of note from the U.S. Court of Appeals for the Sixth Circuit: An opinion issued today begins: Plaintiff-appellant George G. Ventura brought this diversity action against The Cincinnati Enquirer and its parent company, Gannett Co. (collectively the "Enquirer"), claiming breach of contract, tortuous breach of contract, promissory estoppel, promissory fraud, negligent hiring or supervision, and negligent disclosure. Ventura alleged that the Enquirer disclosed his identity as a news source to a Cincinnati grand jury investigating the illegal news gathering actions of one of the newspaper's former reporters. Specifically, Ventura maintained that he was a confidential news source assisting former Enquirer reporter Michael Gallagher on a multi-part expose of the plaintiff’s former employer, Chiquita Brands International, Inc. ("Chiquita"). In his role as a news source, Ventura illegally accessed Chiquita's voice-mail system. Ventura claimed that the disclosure of his identity as a news sources breached a confidentiality agreement he had reached with Gallagher.You can access the complete decision at this link. A separate decision issued today resolves a dispute over how to distribute funds consisting of royalties generated from Broadcast Music Inc.'s licensing of certain songs written by country music legend Roger Miller. The decision elicited a dissenting opinion that concludes: "Rather than engage in what seems to me to constitute a clear case of judicial activism, I respectfully dissent." You can access the complete ruling at this link. Update: As the quote from the first of these two opinions demonstrates, a word processor's auto-correct feature isn't always automatically correct. A reader emails, "I couldn't help noticing the mention of 'tortuous breach of contract' in the first sentence of the Ventura opinion from the Sixth Circuit. I take it this is not a case about the breach of a contract to be performed at Gitmo! Every good clerk knows that the word processing program automatically changes 'tortious' to 'tortuous.' Some poor clerk needs to change his or her default settings." Posted at 10:45 by Howard Bashman Today's rulings of note from the U.S. Court of Appeals for the D.C. Circuit: An opinion issued today begins: Several years ago, an agency of the District of Columbia sponsored a city-wide, outdoor exhibit of polyurethane models of donkeys and elephants, each painted and decorated by a different artist. The exhibit lasted five months. The parties to these consolidated appeals argue about whether, as the district court ruled, the agency violated the First Amendment to the Constitution when it rejected a design showing a circus elephant weeping from mistreatment.The plaintiff/appellee in the case is the organization People for the Ethical Treatment of Animals. You can access the complete ruling at this link. A second ruling issued today begins: The Association of Administrative Law Judges (the Union) petitions for review of a decision by the Federal Labor Relations Authority holding that an employing agency of the United States Government need not bargain over a de minimis change in "conditions of employment."What was the de minimis change in conditions of employment that these ALJs were complaining about to the D.C. Circuit? The unilaterally reassigment of four parking spaces, leaving only two reserved spaces for six ALJs to share in a Charleston, South Carolina parking garage that always has plenty of available unreserved parking spaces. You can access the complete ruling at this link. Posted at 10:05 by Howard Bashman "Quattrone Asks Court to Toss Out Verdict; In Appeal, Former Investment Banker Claims Bias by Trial Judge in Sentencing": The Washington Post contains this article today. The Los Angeles Times reports that "Banker Appeals Guilty Verdict; Frank Quattrone says he wasn't allowed to present his story and that the trial was unfair." Dow Jones Newswires report that "Quattrone Appeals Conviction." Bloomberg News reports that "CSFB's Quattrone Files Appeal, Attacking Evidence and Judge." Reuters reports that "Quattrone Calls Trial 'Unfair' in Appeal." And The Associated Press reports that "Quattrone Wants Conviction Tossed Out." Posted at 09:40 by Howard Bashman "Court finds big raincoats a fitting way to advertise": This article appears today in The Seattle Times. And The Seattle Post-Intelligencer reports that "Court ruling OKs store's ads on backs of raincoats." Yesterday's 5-4 ruling of the Washington State Supreme Court is available online here (majority opinion); here (opinion concurring in the result); here (concurring opinion); and here (dissenting opinion). Posted at 07:24 by Howard Bashman "A courtside view of the highest judicial activists in the land": Today in The Los Angeles Times, David J. Garrow has this review of Law Professor Mark V. Tushnet's new book, "A Court Divided: The Rehnquist Court and the Future of Constitutional Law." Posted at 07:22 by Howard Bashman "Bring in ROTC as soon as 'don't ask' is out": This editorial appears today in The Yale Daily News. Posted at 07:20 by Howard Bashman "Many Eyes on Tort Reform Debate": This article appears today in The New York Sun. Posted at 07:20 by Howard Bashman In news concerning Connecticut's death penalty volunteer: The Hartford Courant reports today that "One Obstacle To Execution Left; Ross Moving Closer To Death Chamber After High Court Rejects Public Defenders' Motion." The Day of New London, Connecticut reports today that "High Court Lifts Stay Of Ross Execution; Serial killer's father to make final appeal; sentence could be carried out on Saturday." And The New York Times reports today that "Court Lifts Stay of Execution for Connecticut Serial Killer." Posted at 07:18 by Howard Bashman "New Light Shed On Sealed Files; UConn President's Divorce Proves Status Has Benefits": The Hartford Courant contains this article today. Posted at 07:15 by Howard Bashman "Moussaoui witnesses called key to fair trial": This article appears today in The Washington Times. Posted at 07:12 by Howard Bashman "Masturbating Canadian Wins Court Challenge": Reuters provides this report. The Toronto Globe and Mail reports today that "A self-made man is master of his domain." Canadian Press reports that "High court says masturbation at home not an offence if seen by neighbours." And CBC News reports that "Supreme Court overturns conviction for masturbating in home." Yesterday's ruling of the Supreme Court of Canada can be viewed at this link. Posted at 07:10 by Howard Bashman "3 reasons liberals should back Scalia for chief justice": Law Professor Steven Lubet has this essay today in The Chicago Sun-Times. Posted at 06:45 by Howard Bashman "Chief Justice Rehnquist's Annual Report on the Federal Judiciary: A Clear Example of What Distinguishes A Radical From A Reactionary Conservative." FindLaw columnist John W. Dean has this essay today. Posted at 06:40 by Howard Bashman Thursday, January 27, 2005
"Judge says he's sorry about groping incident, resigns": This article appears today in The Manchester (N.H.) Union Leader.
Posted at 23:15 by Howard Bashman
"Asbestos in America: A bid to bypass the lawyers; Can the new Congress cut through America's asbestos-litigation mess?" The Economist posted online this article today. And from Montana, The Daily Inter Lake reports today that "Asbestos bill still excluding Libby victims." Posted at 22:50 by Howard Bashman "Judges who accept free trips don't know right from wrong": The Tomah (Wis.) Journal contains this editorial today. Posted at 22:48 by Howard Bashman "Senate panel OKs nominee for attorney general; Straight party-line vote reflects tension over Gonzales' bid": This article appears today in The San Francisco Chronicle. And Newsday reports that "Dems finding footing; Party unity during nominations show they are discovering tactics to challenge Bush, GOP lawmakers." Posted at 22:44 by Howard Bashman The Associated Press is reporting: In news relating to Connecticut's death penalty volunteer, an article headlined "High Court Lifts Conn. Stay of Execution" reports that the execution has been rescheduled for Saturday at 2:01 a.m. A related article is headlined "Death penalty opponents see Supreme Court decision as a major blow." Today's U.S. Supreme Court order can be viewed at this link (see page two). In other news, an article headlined "U. of Mich Plaintiffs Awarded $672,000" reports that "A federal judge on Thursday ordered the University of Michigan to pay $672,000 in legal fees and costs to attorneys for students who sued the school over its use of affirmative action in undergraduate admissions policies." Finally for now, an article reports that "Moussaoui Seeks Access to Terror Witnesses." Posted at 22:40 by Howard Bashman "Lawsuits Take Aim at Ads for Alcohol; Plaintiffs claim provocative campaigns are being waged to appeal to underage drinkers; Firms deny targeting teens": This article appears today in The Los Angeles Times. Posted at 22:25 by Howard Bashman "Dick Durbin: Bush Fighter." The February 14, 2005 issue of The Nation will contain an essay by John Nichols that begins, "When Texas Supreme Court Justice Priscilla Owen, perhaps George Bush's most corporately compromised judicial nominee, appeared early in 2003 before the Senate Judiciary Committee, the most devastating line of questioning she faced did not come from one of the big-name inquisitors on a committee that includes a Kennedy, a Biden and a Leahy." Posted at 22:22 by Howard Bashman "GOP groups press Dems on memo": Yesterday's edition of The Hill contained an article that begins, "Conservative activists pushing for the confirmation of President Bush’s judicial nominees are attempting to refocus attention on the memo controversy that consumed the Senate Judiciary Committee for much of last year." Posted at 19:24 by Howard Bashman "New Senate Meets Under 'Nuclear' Cloud": David Welna, who covers the U.S. Congress for National Public Radio, has this article online at NPR's web site. Posted at 19:22 by Howard Bashman "White House Drops Effort to Relax Media Ownership Rules": The New York Times offers this news update. And The Los Angeles Times offers a news update headlined "FCC Won't Contest Media Ownership Rules." Posted at 19:20 by Howard Bashman "The Rehnquist Court and the Constitution": This lengthy segment (RealPlayer required) featuring Law Professor Mark V. Tushnet appeared on today's broadcast of NPR's "Talk of the Nation." Professor Tushnet's new book is entitled "A Court Divided: The Rehnquist Court and the Future of Constitutional Law." Posted at 17:50 by Howard Bashman "Thanks for the Repressed Memories: Junk vs. science in the Paul Shanley trial." Slate has just posted online this jurisprudence essay by Dahlia Lithwick. Posted at 17:14 by Howard Bashman The district court's decision is affirmed and ordered to be published in the Federal Supplement: As if being affirmed isn't high enough praise, this opinion that the U.S. Court of Appeals for the Eleventh Circuit issued today orders that the trial court's ruling in the case be published. Don't believe I've ever seen this happen before. Posted at 17:04 by Howard Bashman "High Court Lifts Stay In Execution": The Associated Press reports here that "The U.S. Supreme Court on Thursday lifted a stay of execution for serial killer Michael Ross. The decision, on a 5-4 vote, does not affect a 10-day restraining order issued on Wednesday by a federal judge, but brings Ross another step closer to becoming the first person executed in New England in 45 years." Posted at 15:53 by Howard Bashman "FCC Won't Appeal Media Ownership Decision": Reuters provides this report. And The Associated Press reports that "White House Won't Appeal Media Ruling." Posted at 15:40 by Howard Bashman "Rabbi reflects on role in military religious-freedom case": Online at the First Amendment Center, David L. Hudson Jr. today has an essay that begins, "It might seem odd that a head covering in the military would lead to a legal dispute that ended up in the Court of Last Resort." Posted at 15:24 by Howard Bashman Ever wonder what might happen if the motor vehicle you are operating is stopped by a police officer, and when the officer asks for proof of insurance, you assert a right against self-incrimination under the Fifth Amendment? This decision that the U.S. Court of Appeals for the Fourth Circuit issued today details one possible outcome. Posted at 15:05 by Howard Bashman "Judges Grapple With Sentencing Confusion": Hope Yen of The Associated Press provides this report. Posted at 14:50 by Howard Bashman Reuters is reporting: Now available online are articles headlined "Canada to Push Ahead with Gay Marriage Legislation" and "Britain Rules Out Wiretap Evidence -- But Why?" Posted at 14:22 by Howard Bashman A convicted sex offender's rehabilitative treatment cannot require self-incrimination, unanimous three-judge Ninth Circuit panel holds: Today's ruling of the U.S. Court of Appeals for the Ninth Circuit can be accessed at this link. Posted at 14:14 by Howard Bashman "Court Skeptical of Cheney Records Lawsuit": The Associated Press provides this report. And Shannen W. Coffin, writing at "The Corner," provides these thoughts on today's D.C. Circuit en banc oral argument. Posted at 14:08 by Howard Bashman "After a New Ruling, Ownership of Bill of Rights Copy Is in Question Again": This article appears today in The New York Times. And The News & Observer of Raleigh, North Carolina reports today that "Bill of Rights copy is back in limbo." Posted at 12:45 by Howard Bashman Senior Third Circuit Judge Edward R. Becker discusses the creation of the Asbestos Trust Fund on C-SPAN's "Washington Journal": You can view the segment, recorded on January 15, 2005, by clicking here (RealPlayer required). Posted at 11:44 by Howard Bashman "Senate rules: 'Nuclear option' hinges on GOP moderates, senior senators." E&E Daily published this article yesterday. Posted at 11:15 by Howard Bashman "The Court is next for SpongeBob foes": Columnist Sheryl McCarthy has this essay today in Newsday. Posted at 10:24 by Howard Bashman "William A. Bootle, Judge in Desegregation Case, Dies at 102": This obituary appears today in The New York Times. The blog "Southern Appeal" has collected at this link numerous other obituaries pertaining to this jurist. Posted at 10:14 by Howard Bashman The wire services are reporting: Now available online from The Associated Press are articles headlined "Appeals Court to Revisit Cheney Lawsuit" and "Gay Marriage Fight Shifts to California." Reuters, meanwhile, reports that "Disney Wins as Judge Refuses New Pooh Trial." Posted at 10:10 by Howard Bashman "Justice Dept. Won't Appeal Pot Decision": The Associated Press reports here that "The Justice Department has decided not to appeal a judge's decision throwing out a law aimed at keeping pro-marijuana ads out of the nation's bus and subway stops." The American Civil Liberties Union yesterday issued a press release entitled "Justice Department Refuses to Defend Congress in Legal Battle Over Law Censoring Marijuana Policy Ads; Solicitor General Says Government 'Does Not Have a Viable Argument to Advance in the Statute's Defense.'" The letter that Acting Solicitor General Paul D. Clement sent to Senate Legal Counsel can be viewed at this link, and the advertisement at issue can be viewed here. Posted at 09:45 by Howard Bashman "Court Upholds La Habra's Ban Against Lap Dancing; The city's lawyer thinks the 3-0 ruling could spur consideration of similar ordinances elsewhere": The Los Angeles Times contains this article today. The Whittier Daily News reports that "Appeals court upholds law against lap dances." And Reuters reports that "Court Backs No-Contact Rule for Strippers." My earlier report on yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit appeared under the heading "Couldn't touch 'em with a two-foot pole." Posted at 07:40 by Howard Bashman "Reporter's motive, diligence questioned in libel suit; Plaintiff pinpoints conflicts between stories, testimony": This article appears today in The Boston Globe. Posted at 07:35 by Howard Bashman "Judiciary Democrats oppose Gonzales": The Washington Times contains this article today. The Chicago Tribune reports that "Nomination of Gonzales gets Senate panel's OK." The Boston Globe reports that "As Texas judge, Gonzales heard donors' cases; Practice legal, but still faces criticism" and "Vote on Gonzales hints at division." Michael McGough of The Pittsburgh Post-Gazette reports that "Panel's 10-8 vote advances Gonzales for attorney general." The Houston Chronicle reports that "Gonzales moves closer; Rice wins confirmation; The full Senate to debate, vote on AG nomination in the next week." The Fort Worth Star-Telegram reports that "Panel narrowly approves Gonzales." And The Dallas Morning News reports that "Gonzales nomination sent to Senate." Posted at 07:33 by Howard Bashman "Justices deny same-sex adoption fight": This article appears today in The Houston Chronicle. Posted at 07:32 by Howard Bashman "As Clock Ticks, Ross' Fate Unclear; Courts To Rule On Last-Minute Legal Maneuvers; Scheduled Execution Less Than 24 Hours Away": Lynne Tuohy of The Hartford Courant has this article today. Posted at 07:28 by Howard Bashman "Wilkinson, Luttig Are Potential Bush Picks for High Court": The New York Sun contains this article today. Posted at 07:22 by Howard Bashman Wednesday, January 26, 2005
"Senate Panel Approves Gonzales on a Party-Line Vote": This article will appear Thursday in The New York Times.
Thursday's edition of The Washington Post will report on the same news in an article headlined "Rice Is Confirmed Amid Criticism; Democrats Assail Iraq War Policies Before Senate Approves Nomination." And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Judiciary Committee Approves Gonzales" (link to transcript, which provides link to audio). Posted at 22:15 by Howard Bashman Available online from law.com: Tony Mauro has an article headlined "Libertarian Litigants: The Institute for Justice champions economic liberty -- but don't look for a lot of Fortune 500 clients." And Shannon P. Duffy reports that "3rd Circuit Questions Calculation of $31M Fee Award in Rite Aid Class Action; Blended billing rate necessary to determine correctness of fee award." You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. Posted at 22:11 by Howard Bashman "Committee endorses Gonzales on party-line vote": This article will appear Thursday in The Dallas Morning News. And Frank Davies of Knight Ridder Newspapers reports that "Gonzales' nomination as attorney general heads to the full Senate." Posted at 20:30 by Howard Bashman On this evening's broadcast of NPR's "All Things Considered": The broadcast contained segments entitled "Senate Committee Approves Gonzales Nomination" (featuring Nina Totenberg); "Gonzales Role in Bush Jury Duty Exemption Questioned"; "Golf Club, Gay Members in Dispute Over Partner Benefits"; and "How Straight Couples Are Riding on the Coattails of Gay Rights." Posted at 20:20 by Howard Bashman "O'Connor Top Choice for Chief Justice; Giuliani Second Overall; Thomas Top Pick on Right, New Zogby Poll Reveals": Zogby International issued this press release today. Posted at 18:12 by Howard Bashman "Rice, Gonzales votes signal Democrats' strategy; Bayh gets notice for 'no' vote on Rice; no filibuster seen on Gonzales": Tom Curry, national affairs writer for MSNBC, provides this report. And The Nation has posted online an essay by Jonathan Schell entitled "What Is Wrong With Torture." Posted at 17:54 by Howard Bashman "Rights Without a Country: The Supreme Court rules against the administration on foreign detainees, again." Last Friday, The American Prospect posted online this essay by Deborah Pearlstein. Posted at 17:50 by Howard Bashman "The Bible in class: Is it ever legal?" This article will appear in Thursday's edition of The Christian Science Monitor. Posted at 17:35 by Howard Bashman "Law professor proposes term limits for Supreme Court justices": Tomorrow's issue of The Cornell Chronicle will contain this article. The proposal itself can be viewed at this link. Posted at 17:30 by Howard Bashman "Laws rely on history, traditions, Scalia says; Justice's speech focuses on religion, Constitution": This article appears today in The Ann Arbor News. As |