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Sunday, February 28, 2010 "Gun case presents quandary for Supreme Court justices": Robert Barnes will have this article Monday in The Washington Post. And in Monday's edition of The San Jose Mercury News, Howard Mintz will have an article headlined "U.S. Supreme Court to take on battle over gun rights." "Finding Untainted Jurors in the Age of the Internet": In Monday's edition of The New York Times, Adam Liptak will have an article that begins, "When Enron collapsed in 2001, thousands of employees at its Houston headquarters lost their jobs and savings, and the city's economy reeled. Much of the public's anger was directed at Jeffrey K. Skilling, the company's former chief executive." Monday's edition of The Times of London contains an article headlined "Enron appeal argues failure is not a crime." And The Associated Press reports that "Former Enron CEO could see new trial." "Prosecutors could try 9/11 suspect despite waterboarding, experts say": Marisa Taylor of McClatchy Newspapers has an article that begins, "U.S officials once described the confession of accused Sept. 11 mastermind Khalid Sheik Mohammed as a gold mine of intelligence that proved his role in a litany of terrorist plots. However, now his admissions - because they were made during interrogations in which he was waterboarded 183 times - have become a liability for the Justice Department as it readies to hold him accountable in a U.S. court." Posted at 03:37 PM by Howard Bashman "Webinar": Antonin Scalia's co-author, Bryan A. Garner, has this "On Language" column in today's edition of The New York Times Magazine. Posted at 01:48 PM by Howard Bashman "No doubt, the state's high court tilts right; The court isn't unfailingly conservative yet, but its rulings have begun to reflect the governor's conservative philosophy; It is into that legal atmosphere that the issue of Pawlenty's solo budget-trimming, called unallotment, will land next month": Rochelle Olson has this article today in The Minneapolis Star Tribune. Posted at 10:54 AM by Howard Bashman "Liu is more than qualified to serve on appeals court": This editorial appears today in The Sacramento Bee. Posted at 10:44 AM by Howard Bashman "U.S. Supreme Court: Gun case on way to Supreme Court creates strange bedfellows." UPI has this report. Posted at 10:38 AM by Howard Bashman "2 sides file pile of paperwork in Prop. 8 case": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 10:35 AM by Howard Bashman "Finally, an end to Justice Dept. investigation": In today's edition of The Philadelphia Inquirer, law professor John Yoo has an op-ed that begins, "I've been under investigation for more than five years for legal advice that I gave in the immediate wake of the Sept. 11, 2001, terrorist attacks. This month, the Justice Department's top career lawyer finally put an end to the farce." Posted at 10:33 AM by Howard Bashman Saturday, February 27, 2010 "High court upholds Mack verdict": Today in The Reno Gazette-Journal, Martha Bellisle has an article that begins, "The Nevada Supreme Court upheld a wrongful death verdict against former pawn shop owner Darren Mack in the 2006 fatal stabbing of his estranged wife, Charla, and kept intact a $560 million award for the couple's daughter." You can access Thursday's order of the Supreme Court of Nevada at this link. "Enron review could free Conrad Black": The Sunday Times of London contains this article. And Reuters reports that "Enron's Jeff Skilling takes fight to Supreme Court." "Reid says Bybee shouldn't be punished in 'torture memo' case; Reid says jurist Bybee shouldn't be disbarred": This article appears today in The Las Vegas Review-Journal. Posted at 08:27 PM by Howard Bashman "Decision Could Allow Anonymous Political Contributions by Businesses": Sunday's edition of The New York Times will contain an article that begins, "The Supreme Court decision last month allowing corporations to spend unlimited money on behalf of political candidates left a loophole that campaign finance lawyers say could allow companies to pay for extensive political advertising while avoiding the disclosure requirements the court appeared to leave intact." Posted at 08:23 PM by Howard Bashman "Supreme Court scrutinizes state, local gun control": Mark Sherman of The Associated Press has this report. Posted at 08:17 PM by Howard Bashman Friday, February 26, 2010 "Justices to Weigh Venue Issues in Skilling Case": John R. Emshwiller and Jess Bravin will have this article Saturday in The Wall Street Journal. At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Srinivasan's Star Rising at the Supreme Court." And at "SCOTUSblog," Lyle Denniston has this oral argument preview. "Chief justice to speak at UA; Law school students will be able to question": The Tuscaloosa News today contains an article that begins, "United States Supreme Court Justice John Roberts plans to speak at the University of Alabama on March 9, the seventh of nine sitting justices to speak at UA. Since 1996, Roberts is the ninth justice to speak in the Albritton Lecture Series at the UA School of Law." And the University of Alabama School of Law has issued a news release headlined "Chief Justice John G. Roberts, Jr. to Visit Alabama Law on Tuesday, March 9." "Rapid City attorney: Supreme Court appearance beyond compare." Today's edition of The Rapid City Journal contains an article that begins, "Arguing a case before the nation's highest court was the 'Super Bowl, World Series and Olympics all put together' for attorney James Leach of Rapid City." You can access at this link the transcript of Monday's U.S. Supreme Court oral argument in Astrue v. Ratliff, No. 08-1322. "High court to define reach of gun-control laws; Does right to bear arms trump cities and states?" Joan Biskupic has this article today in USA Today. Michael Doyle of McClatchy Newspapers reports that "Supreme Court case could limit local controls on firearms." And at "SCOTUSblog," Lyle Denniston has this oral argument preview. "Court throws out confession in Arizona Buddhist temple slayings; Police coerced a teenager to admit to the 1991 killings and did not properly read him his rights, judges rule": Carol J. Williams has this article today in The Los Angeles Times. My earlier coverage of yesterday's en banc Ninth Circuit ruling appears at this link. "Appeals court reinstates lawsuit over hot sandwich": The Associated Press has a report that begins, "It's been nearly five years since carnival operator Frank Sutton bit into a chicken sandwich at a McDonald's at a truck stop in the far corner of southwest Virginia. The legal world is still dealing with the ramifications." My earlier coverage of the Fourth Circuit's non-precedential ruling appears at this link. "Speech advocates await dogfight-video ruling": David L. Hudson Jr. has this commentary online at the First Amendment Center. Posted at 04:37 PM by Howard Bashman Thursday, February 25, 2010 "7th Circuit Judges May Testify in Retrial Over Web Threats": law.com has this report. Posted at 10:17 PM by Howard Bashman Due to flawed Miranda warnings and an involuntary confession, the en banc Ninth Circuit orders a new trial for a man convicted of participating in the murder of nine individuals, including six monks, inside an Arizona Buddhist temple: You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Update: In early news coverage, The Associated Press reports that "Court says temple killings confession involuntary." "Tracking Justice Stevens' Milestones": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 02:27 PM by Howard Bashman Now that's an expensive postage stamp! In 2003, the U.S. Postal Service issued a 37-cent first class stamp commemorating the end of the Korean War. The stamp depicted the image of soldier sculptures located at the Korean War Veterans Memorial in Washington, DC. Thereafter, the sculptor of those soldiers brought suit against the USPS, asserting that he owned the copyright in the sculptures and that the postage stamp did not constitute a "fair use" of his sculptures. The U.S. Court of Federal Claims rejected the copyright infringement claim in a ruling from December 2008 that you can access here. The trial court ruled that the sculptor owned the copyright but that the postage stamp's use of the images constituted fair use. Today, however, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Federal Circuit has reversed that ruling, holding that the postage stamp's use of those images did not constitute fair use. You can access today's ruling at this link. As a result, the Federal Circuit's decision holds that the USPS is liable to the sculptor and remands the case back to the trial court so that damages may be determined. Earlier coverage of the case can be accessed here, here, and here. In the March 2010 issue of ABA Journal magazine: Herman Obermayer has an article headlined "The William Rehnquist You Didn't Know." Mark Hansen has articles headlined "Police De-text-ive: Is it a privacy violation to review messages on a work-issued pager?" and "You Say You Want a Revolution: In Booker plus five, there's been rumbling but hardly rebelling." And Richard Brust has an article headlined "Batter Up" that begins, "At his senate confirmation hearing five years ago, chief Justice John G. Roberts Jr. compared a Supreme Court justice's role to that of a baseball umpire." "Deciding Who Decides Intellectual Property Appeals": Law professor C. Scott Hemphill has posted this article online at SSRN (via "Legal Theory Blog") addressing the U.S. Supreme Court's ruling in Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc. Posted at 09:35 AM by Howard Bashman Say what you will about the overall quality of police work, but protection from zombies and clowns appears to be at an all-time high: Last night, I had a post titled "Don't arrest the zombies" reporting on an Eighth Circuit ruling that issued yesterday. Today, The Tampa Tribune reports that "Man charged with wearing a clown mask in public." And The St. Petersburg Times yesterday had a news update headlined "Tampa man jailed on charge of wearing illegal mask" that begins, "An 18-year-old Tampa man was jailed Tuesday afternoon, charged with wearing a clown mask on a public road." "Dodd Leading Effort To Blunt Ruling On Corporate Spending On Elections": This article appears today in The Hartford Courant. And The New Haven Register reports today that "Dodd opens campaign to change Constitution." "Court lets blind grad use aids to take bar exam": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 09:12 AM by Howard Bashman "Neb. lawmakers to discuss fetal pain abortion bill": The Associated Press has this report. Posted at 09:10 AM by Howard Bashman "Death Penalty Is Thrown Out in Texas Murders": In today's edition of The New York Times, John Schwartz has an article that begins, "A Texas court threw out the death sentence on Wednesday of a man whose double murder conviction gained international attention because of revelations that the judge and prosecutor had had an extramarital affair." Today in The Austin American-Statesman, Chuck Lindell reports that "Divided court tosses death sentence for Hood; Appeals court grants new sentencing trial, says Hood's jury received improper instructions." And The Dallas Morning News reports that "Death row inmate gets new punishment hearing." Yesterday's ruling of the Court of Criminal Appeals of Texas consists of a majority opinion and a dissenting opinion. Earlier this week, columnist Rick Casey of The Houston Chronicle had a related op-ed entitled "Best clue: The case of the erotic candy." "EMI appeals ruling that Men at Work copied tune": The Associated Press has this report. My earlier coverage appears in a post titled "No Vegemite sandwich for you!" "Philadelphia Jury Finds for Wyeth in Hormone Replacement Therapy Case; The verdict disrupts the streak of plaintiffs' wins before Philadelphia Common Pleas Court juries in HRT mass tort cases": Amaris Elliott-Engel has this article today in The Legal Intelligencer. And Bloomberg News reports that "Pfizer wins cancer suit on Prempro." "'Miranda' Dealt One-Two Punch by High Court": Tony Mauro of The National Law Journal has this report. Posted at 08:48 AM by Howard Bashman "Judge Chatigny Nominated To Seat On U.S. 2nd Circuit Court Of Appeals": This article appears today in The Hartford Courant. The nominee was embroiled in a death penalty-related controversy in 2005, as detailed in three earlier posts that you can access here, here, and here. "Obama nominates Berkeley professor Goodwin Liu to federal appeals court": In today's edition of The Washington Post, Michael D. Shear has an article that begins, "President Obama on Wednesday nominated to the federal bench a California law professor who has criticized conservative legal theories and strongly opposed Supreme Court Justice Samuel A. Alito Jr.'s nomination." In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Obama nominates Berkeley prof to appeals court." And The Yale Daily News reports that "Eli tapped for appeals court." Wednesday, February 24, 2010 Don't arrest the zombies: The Minneapolis Star Tribune has a news update headlined "Appeals court gives new life to local 'zombie' suit; The U.S. Court of Appeals on Wednesday released a ruling in favor of a group of zombies who say they were wrongfully arrested while protesting consumerism during the 2006 Aquatennial." You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. "Before Justices, First Amendment and Aid to Terrorists": Adam Liptak has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "Supreme Court weighs free speech against aid to terrorists." David G. Savage of The Los Angeles Times reports that "Supreme Court weighs anti-terrorism law, free-speech rights; The justices sound closely split over whether a USC professor illegally advised the Kurdistan Workers Party, listed as a foreign terrorist group." In USA Today, Joan Biskupic reports that "Supreme Court seems split on dispute testing terror law." In The Wall Street Journal, Jess Bravin reports that "Justices Wrestle With Terror Law." Warren Richey of The Christian Science Monitor has an article headlined "Supreme Court: Peace activists challenge US antiterror law; The Supreme Court heard arguments Tuesday on whether an antiterror law violates the Constitution; The US solicitor general calls it 'a vital weapon'; A lawyer for international peace activists argues it will send his clients to prison." And law.com's Tony Mauro reports that "Justices Seem Receptive to First Amendment Challenge to Anti-Terror Law; Apart from Scalia, support for the government's position seemed weak." "2nd Circuit Denies En Banc Review of Lynne Stewart's Sentence": law.com has this report. My earlier coverage of yesterday's order appears at this link. "3rd Circuit Weighs Validity of Fines in 'Wardrobe Malfunction' Case": Shannon P. Duffy has this article today in The Legal Intelligencer. My most recent earlier coverage appears at this link. "Court Says Miranda Rights Don't Bar Requestioning": Adam Liptak will have this article Thursday in The New York Times. In Thursday's edition of The Washington Post, Robert Barnes will have an article headlined "Supreme Court rules that request for lawyer in questioning has expiration." In Thursday's edition of The Los Angeles Times, David G. Savage will have an article headlined "Supreme Court puts expiration date on 'right to remain silent'; The justices rule that a suspect who invokes that protection can be questioned again after 14 days." Jesse J. Holland of The Associated Press reports that "Court says inmate's lawyer request no longer valid." James Vicini of Reuters has an article headlined "Supreme Court: Police can question suspect after release." And Greg Stohr of Bloomberg News reports that "U.S. High Court Backs Police on Questioning Suspects." You can access today's U.S. Supreme Court ruling in Maryland v. Shatzer, No. 08-680, at this link. "Obama Nominates Judge Chatigny For Second Circuit Seat": The Hartford Courant has this news update. And The Associated Press reports that "Judge in Connecticut nominated for appeals court." The official White House announcement can be accessed here. "Obama nominates Cal professor to federal appeals court": Josh Richman of The Oakland Tribune has a news update that begins, "President Barack Obama on Wednesday nominated University of California, Berkeley Boalt Hall School of Law Associate Dean and Professor Goodwin Liu to a seat on the 9th U.S. Circuit Court of Appeals." Earlier, today's edition of The Los Angeles Times reports that "Obama zeros in on law professor for 9th Circuit post; UC Berkeley's Goodwin Liu will be nominated to the U.S. 9th Circuit Court of Appeals, The Times has learned; Though he will face opposition from conservatives, he has admirers in that camp as well." "The Swamp" blog of The Chicago Tribune has a post titled "Obama judicial appointee: Alito critic." And Berkeley Law has issued news releases headlined "Berkeley Law's Goodwin Liu Nominated to Ninth Circuit Court" and "President Obama Nominates Berkeley Law's Goodwin Liu for U.S. Court of Appeals." The official White House announcement can be accessed here. Tuesday, February 23, 2010 Programming note: On Wednesday, I'll presenting an appellate oral argument to a three-judge panel of the Superior Court of Pennsylvania sitting in Harrisburg. Because the case I'm arguing is toward the end of the day's oral argument list, and because Harrisburg is nearly two hours away, additional posts may not appear here until later in the day tomorrow. Posted at 10:30 PM by Howard Bashman "Court rules in favor of man in witness protection": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today. And at "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "Appeals Court Sides with DOJ in Suit Against Protected Federal Witness." "NY appeals judges squabble over lawyer's sentence": The Associated Press has a report that begins, "Federal appeals judges in New York are bickering as they pressure a lower court judge to toughen the sentence of a lawyer convicted of terrorism charges. The judges decided not to have the entire federal appeals court in Manhattan hear the appeal of lawyer Lynne Stewart's sentence of a little over two years in prison. But they took the unusual step of writing opinions critical of each other in announcing that decision Tuesday." You can access today's order of the U.S. Court of Appeals for the Second Circuit, and the accompanying concurring and dissenting opinions, at this link. Circuit Judge Rosemary S. Pooler issued an interesting concurring opinion in which she writes, with regard to judges who issue opinions concurring in or dissenting from the denial of rehearing en banc, that "the case is not before them, and what they may say about it has as much force of law as if those views were published in a letter to the editor of their favorite local newspaper." Judge Pooler further observes, "By employing the simple tactic of calling for an en banc poll, active judges provide themselves with an opportunity to opine on a case that was never before them. This amounts to an exercise in free speech rather than an exercise of any judicial function." "7th Circuit: No Preemption for Failure-to-warn Claims Involving SSRI." Thompson Publishing Group has a newsbrief that begins, "In one of the most important decisions on the issue of federal preemption of state law tort claims involving a pharmaceutical since the Supreme Court considered the issue in Wyeth v. Levine, 129 S. Ct. 1187 (2009), a federal appeals court has held that failure-to-warn claims brought against the manufacturer of the antidepressant Paxil are not preempted." You can access today's ruling of a unanimous three-judge ruling of the U.S. Court of Appeals for the Seventh Circuit at this link. Senior Circuit Judge Terence T. Evans wrote the opinion of the court. The "Drug and Device Law" blog condemns the ruling in a post that you can access here. "Yoo lashes out at Obama nominee": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Former Bush administration lawyer John Yoo, fighting a suit by a prisoner who accuses him of approving unlawful detention and torture, is taking aim at his detractors, including President Obama's nominee to head the office where Yoo once worked." WSJ.com's "Law Blog" has posted the reply brief filed in the U.S. Court of Appeals for the Ninth Circuit at this link. "CBS fights '04 Jackson 'wardrobe malfunction' fine": The Associated Press has a report that begins, "After six years of legal wrangling and one Supreme Court review of Janet Jackson's infamous Super Bowl 'wardrobe malfunction,' CBS argued anew Tuesday that it should not be held responsible for the half-second of nudity." And Bloomberg News reports that "CBS Faces New Challenge Over Janet Jackson Exposure." You can access the audio of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit via this link (36.0MB Windows Media audio file). Today's rulings in argued cases from the U.S. Supreme Court: Earlier today, while I was away from the blog, the Court issued two rulings in argued cases. Justice Stephen G. Breyer delivered the opinion for a unanimous Court in Hertz Corp. v. Friend, No. 08-1107. You can access the oral argument transcript at this link. The Associated Press reports that "Court says business HQ is where executives are." And at "Althouse," Ann has a post titled "Today, all 9 Justices embrace a clear rule over a more nuanced and litigation-breeding interpretation." Justice Ruth Bader Ginsburg delivered the opinion of the Court in Florida v. Powell, No. 08-1175. You can access the oral argument transcript at this link. All of the Justices joined in the opinion of the Court, except for Justice John Paul Stevens, who issued a dissenting opinion, and Justice Breyer, who joined in Part II of both the majority and dissenting opinions. Jesse J. Holland of The Associated Press reports that "Supreme Court OKs Florida Miranda rights warnings." Greg Stohr of Bloomberg News reports that "U.S. High Court Backs Police on Questioning Suspects." And Reuters reports that "Court upholds police warning of suspect rights." "Justices seek to weigh anti-terrorism law, free-speech rights; The Supreme Court justices sound closely split over whether a USC professor illegally advised the Kurdistan Workers Party, listed as a foreign terrorist group": David G. Savage of The Los Angeles Times has this news update. Mark Sherman of The Associated Press reports that "High court weighs anti-terror material support law." James Vicini of Reuters reports that "Supreme Court considers terrorism support law." Justin Blum and Greg Stohr of Bloomberg News report that "Terror Support Law Considered by U.S. Supreme Court." At "SCOTUSblog," Lyle Denniston has a post titled "Anti-terrorism case not an easy one." And earlier, on today's broadcast of NPR's "Morning Edition," Nina Totenberg previewed the oral argument in an audio segment entitled "Does The Patriot Act Violate Free Speech?" You can access at this link the transcript of today's U.S. Supreme Court oral argument in Holder v. Humanitarian Law Project, No. 08-1498. "Virginia Thomas Launching 'Liberty Central' Site": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 03:58 PM by Howard Bashman "On October 4, 2010, Elena Kagan Will Ask Her First Question As A Supreme Court Justice, And Justice Ginsburg will look across the bench at her new colleague and smile": Tom Goldstein has this lengthy post at "SCOTUSblog." Posted at 03:57 PM by Howard Bashman Monday, February 22, 2010 "Philadelphia Jury Awards $9.45 Million in Damages Over Prempro Drug; Award marks latest in string of jury verdicts in favor of plaintiffs in Philadelphia hormone replacement therapy cases": Amaris Elliott-Engel will have this article in Tuesday's edition of The Legal Intelligencer. On Tuesday morning, I'll be attending the closing argument of the case mentioned in the final paragraph of the article. As a result, additional posts will appear here on Tuesday afternoon. "Courtroom Murder Shadows Chicago Gun Suit at Supreme Court; 1983 shooting of judge, lawyer led to gun ban now before the justices": Tony Mauro of The National Law Journal has this report. Posted at 11:08 PM by Howard Bashman Jurisprudence essays available online at Slate: Law professor David Luban has an essay entitled "David Margolis Is Wrong: The Justice Department's ethics investigation shouldn't leave John Yoo and Jay Bybee home free." And Dahlia Lithwick has an essay entitled "Torture Bored: How we've erased the legal lines around torture and replaced them with nothing." "State to appeal gay adoption ruling": The Times-Picayune of New Orleans has a news update that begins, "A top state lawyer has confirmed that Attorney General Buddy Caldwell almost certainly will appeal a federal appeals court order requiring that Louisiana issue an amended birth certificate listing as parents two out-of-state men who, through a New York court, adopted a child born in Shreveport." Posted at 08:34 PM by Howard Bashman "Pfizer Must Pay $9.45 Million in Damages Over Prempro": Bloomberg News has this report. Posted at 08:30 PM by Howard Bashman "Pimco Rejected by Court on Market-Manipulation Suit": Greg Stohr of Bloomberg News has a report that begins, "The U.S. Supreme Court rejected an appeal by Pacific Investment Management Co., clearing the way for a lawsuit seeking more than $600 million for the company's alleged manipulation of the price of Treasury futures contracts on the Chicago Board of Trade." And James Vicini of Reuters reports that "US top court won't hear Pimco market squeeze case; Lawsuit seeks more than $600 million in damages." "Questions Of an Affair Tainting A Fair Trial": In Tuesday's edition of The New York Times, Adam Liptak will have this new installment of his "Sidebar" column. Posted at 07:54 PM by Howard Bashman "Big tobacco wields First Amendment argument": Tony Mauro has this news analysis online at the First Amendment Center. Posted at 04:30 PM by Howard Bashman "Court to decide if firefighter suit moves forward": The Associated Press has a report that begins, "The Supreme Court seems willing to let a group of African American applicants sue the city of Chicago for discrimination for using test scores to decide who would become a firefighter trainee." And at the web site of The Chicago Tribune, David G. Savage has a report that begins, "U.S. Supreme Court justices today appeared ready to rule that Chicago violated the civil rights of aspiring black firefighters by using a hiring test in the late 1990s that screened out most blacks, potentially forcing the city to pay millions of dollars in damages." Update: You can access the transcript of today's U.S. Supreme Court oral argument in Lewis v. City of Chicago, No. 08-974, at this link. Access online today's Order List of the U.S. Supreme Court: The Court has posted its Order List online at this link. The Court today granted review in two cases and called for the views of the Solicitor General in two other cases. In addition, the Court issued two per curiam decisions, in Wilkins v. Gaddy, No. 08-10914, and in Thaler v. Haynes, No. 09-273. In early news coverage, The Associated Press has a report headlined "Court: No new trial in Texas police officer death." And at "SCOTUSblog," Lyle Denniston has a post titled "Clarifying jury selection." "Next major First Amendment test: Humanitarian Law Project cases." Lyle Denniston has this oral argument preview at "SCOTUSblog." Posted at 07:48 AM by Howard Bashman "Disabled girl's family fights order to leave; Judge will rule on whether Immigration officials misled French entrepreneur who moved his family to Montreal": Today's edition of The Toronto Globe and Mail contains an article that begins, "The Barlagne family came from France wooed by Canada's promise of an entrepreneurial environment and the reassurance their handicapped toddler was welcome. Five years later, the business end of the family venture has worked out, but the Canadian government wants the disabled girl out of the country, for fear her cerebral palsy will be an 'excessive burden' on the state." Posted at 07:45 AM by Howard Bashman "Mr. Smith goes to Washington, U.S. Supreme Court": The Frederick (Md.) News-Post contains this article today. Posted at 07:40 AM by Howard Bashman "Senate Democrats Want To Rein In Filibusters": Today's broadcast of NPR's "Morning Edition" contained this audio segment. Posted at 07:38 AM by Howard Bashman "Vindicating John Yoo: Bush lawyers are found to have acted ethically, unlike their accusers." This editorial appears today in The Wall Street Journal. My most recent earlier coverage appears at this link. "Supreme Court returns; firearms regulation and detainees on agenda." Robert Barnes of The Washington Post has this news update. And in today's newspaper, Barnes has an article headlined "Justices consider case with familiar themes." Posted at 07:22 AM by Howard Bashman Sunday, February 21, 2010 "State could reshape abortion policy": Today's edition of The Omaha World-Herald contains an article that begins, "Nebraska could reshape national abortion policy if lawmakers embrace a proposal to ban almost all abortions after a fetus reaches 20 weeks. The state has played a role on the national stage before, with a 1997 law banning the controversial late-term procedure known medically as intact dilation and extraction, or D&X." Posted at 01:10 PM by Howard Bashman "Plaintiff in handgun case is suing D.C. for right carry firearms in public": This article appears today in The Washington Post. At at the "Hit & Run" blog of Reason, Damon W. Root has a post titled "Does Justice Scalia Think the Second Amendment Applies Only to the Federal Government?" "U.S. Supreme Court to hear terrorism case": UPI has this report. Posted at 01:05 PM by Howard Bashman Saturday, February 20, 2010 "Justice Department decision on terror memos sparks legal debate": Carrie Johnson will have this article Sunday in The Washington Post. The New York Times reports today that "Report Faults 2 Authors of Bush Terror Memos." The Los Angeles Times reports today that "Waterboarding memo authors committed no misconduct, report says; An internal Justice Department finding says the two Bush administration lawyers used 'poor judgment' in authorizing harsh tactics on terrorism suspects, but it does not call for punishment." In The Wall Street Journal, Jess Bravin reports that "Lawyers Cleared Over 9/11 Memos." The Christian Science Monitor has an article headlined "'Torture memos' authors: Rebuked but won't be disbarred; Bush administration lawyers who wrote the so-called 'torture memos' exercised 'poor judgment' in writing legal opinions that 'contained significant flaws,' according to the Justice Department; But they weren't guilty of professional misconduct that might have meant disbarment." law.com reports that "Bybee, Yoo Got a Boost From Their Lawyers in Avoiding Ethics Charges." The "Main Justice" blog has a post titled "How Bybee Turned Liberal Critics' Writings To His Advantage." And at National Review Online's "The Corner," Andy McCarthy has a post titled "Attorney General Mukasey and Deputy Attorney General Filip Shredded OPR's Misconduct Allegations Against Bush Lawyers" summarizing this letter. "Aging Supreme Court poised for change; With 7 out of 9 judges eligible to retire, Harper could have an historic opportunity to appoint a majority of the court": Today's edition of The Ottawa Citizen contains an article that begins, "Prime Minister Stephen Harper is positioned to do something U.S. President Barack Obama can only dream of -- remake his nation's Supreme Court more to his liking." Posted at 08:42 PM by Howard Bashman "Supreme Court to consider another case on racial bias in hiring; Chicago firefighters say they were illegally discriminated against through test scores; A lawyer calls it the flip side to last year's case involving white firefighters in New Haven, Conn." David G. Savage will have this article Sunday in The Los Angeles Times. Posted at 08:40 PM by Howard Bashman "Chief justice says initiatives paralyze state": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "California Chief Justice Ronald George escalated his criticism of the state's initiative process Friday, saying unrestrained ballot-box lawmaking is paralyzing government." Posted at 09:20 AM by Howard Bashman "Louisville man charged with threatening to kill president in poem": The Louisville Courier-Journal today contains an article that begins, "Testing the limits of the First Amendment, federal prosecutors have charged a Louisville man with threatening to kill the president based on a poem he wrote and recently re-posted on a neo-Nazi Web site." Posted at 09:15 AM by Howard Bashman "Bainbridge attorney to run against Justice Sanders": Today's edition of The Seattle Times contains an article that begins, "Bainbridge Island attorney Charlie Wiggins plans to seek the Washington state Supreme Court seat of Justice Richard Sanders, perhaps the most visible member of the court because of his penchant for making headlines." Posted at 09:14 AM by Howard Bashman "States, Congress wrestle with judicial bias rules": The Associated Press has this report. Posted at 09:10 AM by Howard Bashman "Does Justice Thomas' Silence Thwart Advocacy? It's been four years since Clarence Thomas asked a question -- some say that's too long." Tony Mauro of The National Law Journal has this report. Posted at 08:35 AM by Howard Bashman Friday, February 19, 2010 "Bush lawyers who approved waterboarding to face no discipline": Carrie Johnson of The Washington Post has this news update. Marisa Taylor of McClatchy Newspapers reports that "Justice Department clears Bush lawyers for 'torture memos.'" The Associated Press has a report headlined "DOJ: No misconduct for Bush interrogation lawyers." Reuters reports that "Bush lawyers criticized on interrogation advice." Bloomberg News reports that "Punishment Rejected for Interrogation Memo Authors." CNN.com reports that "Report clears Bush officials of misconduct over 'torture' memos." At "The BLT: The Blog of Legal Times," Mike Scarcella has a post titled "No Ethics Charges in DOJ Investigation of Bybee, Yoo." And at Salon.com's "War Room" blog, Alex Koppelman has a post titled "DOJ bails out torture memo authors Yoo, Bybee; Justice official overruled recommendation that Bush lawyers face disciplinary action." The report was made public today via this web page of the House Judiciary Committee. "Both sides take tobacco fight to Supreme Court": Mark Sherman of The Associated Press has this report. Greg Stohr of Bloomberg News reports that "Tobacco Companies, U.S. Seek Supreme Court Hearing." Reuters reports that "U.S., Altria appeal tobacco ruling to top court." Dow Jones Newswires report that "U.S. Appeals Landmark Tobacco Ruling to Supreme Court." At "SCOTUSblog," Lyle Denniston has a post titled "U.S. seeks $280 billion tobacco remedy; New appeals on RICO." At "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Tobacco Briefs Descend on Supreme Court." And earlier, in related news, today's edition of The New York Times contains an article headlined "Coded to Obey Law, Lights Become Marlboro Gold." "Avoiding Confrontation": At SSRN, Mark Egerman has posted an article whose abstract begins, "This article takes seriously Justice Scalia's facetious aside in Giles v. California and examines whether there should be a separate confrontation doctrine for domestic violence cases." (Via "Legal Theory Blog"). Posted at 10:58 AM by Howard Bashman "Local Gun-Control Laws Come Into Sights of U.S. Supreme Court": Greg Stohr of Bloomberg News has this report. Posted at 10:48 AM by Howard Bashman "Philip Morris takes tobacco fight to Supreme Court": The Associated Press has this report. Posted at 10:32 AM by Howard Bashman "Sex-change surgery and universal grammar": Neal Goldfarb has this guest post at "Language Log." My earlier coverage of the tax court's ruling appears at this link. "Louisiana must issue birth certificate to men who adopted baby boy, federal court rules": This article appears today in The Times-Picayune of New Orleans. And The Associated Press has a report headlined "Court: La. must put 2 adoptive fathers on document." You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. Thursday, February 18, 2010 "Supreme Court Justice Barack Obama?" Law professor Jeffrey Rosen will have this op-ed in Sunday's edition of The Washington Post. Posted at 08:22 PM by Howard Bashman "[This is] the only case I know of, in any jurisdiction covered by the Fourth Amendment, where invasion of the home has been approved based on no showing whatsoever. Nada. Gar nichts. Rien du tout. Bupkes." So writes Chief Judge Alex Kozinski, dissenting today from the Ninth Circuit's denial of rehearing en banc in a case. In something of a surprise, only one other judge on that court has joined in Chief Judge Kozinski's dissent. Of course, that doesn't mean no other judges voted in favor of granting rehearing en banc. The original three-judge panel Ninth Circuit ruling in the case, which will not be reheard en banc, can be accessed here. At the "Last Blog on Earth" of San Diego CityBeat, Dave Maass has a post titled "Appellate judge slams his colleagues, suggests SD police lied in warrantless search case." "Handgun Case Creates Odd Alliances; Conservative and Liberal Groups Join in Urging the Supreme Court to Strike Down Two Illinois Gun Bans Next Month": Jess Bravin will have this article Friday in The Wall Street Journal. Posted at 07:25 PM by Howard Bashman "Ignore Expiration Dates: 'Best by,' 'Sell by,' and all those other labels mean very little." Nadia Arumugam has this essay online at Slate. Therein, she mentions a ruling that Seventh Circuit Judge Richard A. Posner issued last March. My earlier coverage of that ruling appears at this link. Programming note: I'll be in U.S. District Court this afternoon in connection with post-judgment motions that I have worked on in a case that is likely heading for appeal. Additional posts will appear here later today. Posted at 11:24 AM by Howard Bashman "Free Speech Takes Stage at High Court": In today's edition of The Daily Journal of California, Lawrence Hurley has an article that begins, "It could be a good year for freedom of speech at the U.S. Supreme Court." Posted at 11:22 AM by Howard Bashman "Prosecutors press on with obstruction case in Wone killing": Yesterday's edition of The Washington Post contained an article that begins, "Federal prosecutors investigating the slaying of prominent Washington attorney Robert Wone said in a court filing that they were confident the three men charged with obstruction in the case know who killed Wone in 2006 and that they plan to introduce previous crimes associated with the men to bolster their case." And on Tuesday at "The BLT: The Blog of Legal Times," Mike Scarcella had a post titled "Prosecutors Outline Evidence, Murder Theory in Wone Case." "Minnesota campaign law faces test; Citing a recent U.S. Supreme Court ruling, the Chamber of Commerce sued to end a ban on corporate giving": This article appears today in The Minneapolis Star Tribune. The St. Paul Pioneer Press reports today that "Businesses sue over campaign decision; Chamber of Commerce seeks clarification of corporation rights." And in related news, The San Diego Union-Tribune reports that "Campaign financing limits in S.D. axed; Cap on PAC donations among 3 laws tossed." "Police push for warrantless searches of cell phones": Declan McCullagh has this report at CNET News. Posted at 08:02 AM by Howard Bashman "Small Illinois town willing to be next Guantanamo; President Obama wants to ship Guantanamo Bay detainees to a rural Illinois state prison; Why are locals welcoming the detainees?" The Christian Science Monitor has this report. Posted at 08:00 AM by Howard Bashman "Effort to remove judge resumes; Prosecutors object to report that says Keller broke no law": Chuck Lindell has this article today in The Austin American-Statesman. The San Antonio Express-News reports today that "Discipline sought against Keller." And The Associated Press has a report headlined "Prosecutors: death row judge deserves punishment." The objections to the Special Master's Findings of Facts can be accessed here and here. My earlier coverage of those findings appears at this link. Wednesday, February 17, 2010 "1937, 2010": Online at The New Republic, Seventh Circuit Judge Richard A. Posner has this review of Jeff Shesol's new book, "Supreme Power: Franklin Roosevelt vs. the Supreme Court." Posted at 10:50 PM by Howard Bashman "Hear the Uighurs: The critical Guantanamo case the Supreme Court should not duck." Rebecca Crootof and law professor Oona A. Hathaway have this jurisprudence essay online at Slate. Posted at 10:34 PM by Howard Bashman "Activist's case will test U.S. anti-terrorism law; USC professor Ralph Fertig says he's protected under the 1st Amendment for advocating for the Kurdish minority in Turkey, whose political party has been designated a terrorist group by the U.S." David G. Savage will have this article Thursday in The Los Angeles Times. Posted at 10:30 PM by Howard Bashman "Judge Puts Liberal Imprint on New York's Top Court": This article will appear Thursday in The New York Times. Posted at 10:27 PM by Howard Bashman "Were this case simply about an innocent game of canasta, I would readily join the opinion of my majority colleagues outright." So begins the dissenting opinion that Tenth Circuit Judge Carlos F. Lucero issued today. The dissent continues, "However, the abrupt departure of the trial judge from the bench while defense counsel was discussing the testimony of defendant's star witness, when coupled with the court's earlier admonitions to the jury that the same witness's testimony was 'absolutely untrue' and a 'falsity,' can only be interpreted as a clear message to the jury that the witness was not credible or worthy of the court and jury's unbiased consideration." According to the majority opinion, the trial judge left the bench during defense counsel's closing argument to the jury in this federal criminal case because it was "his secretary's afternoon to play canasta and he had to get a couple of letters out." "Roberts versus Roberts: Just how radical is the chief justice?" Law professor Jeffrey Rosen has this article online at The New Republic. Posted at 04:18 PM by Howard Bashman Who says the U.S. Court of Appeals for the Federal Circuit doesn't hear interesting cases? Francisco Javier Rivera Agredano purchased a 1987 Nissan Pathfinder from the federal agency known as U.S. Customs and Border Protection. The agency had obtained the automobile via forfeiture after the Pathfinder's former owner attempted to transport marijuana across the Mexican border into the United States. Unbeknownst to both Customs and Agredano, the Pathfinder contained additional marijuana in a hidden compartment that Customs failed to locate. Later, when Agredano and his brother-in-law were traveling in the vehicle in Mexico, they came upon a checkpoint operated by Mexican soldiers. The soldiers operating the checkpoint were a bit more thorough than U.S. Customs, and as a result both men were arrested and spent nearly a year in prison before being exonerated by a Mexican appellate court on January 10, 2003. Today's appellate court ruling, by contrast, fails to deliver good news for Agredano, as the Federal Circuit has reversed a U.S. Court of Federal Claims decision in Agredano's favor. The trial court had ruled that Agredano's contract to purchase the vehicle contained an implied-in-fact warranty that the vehicle did not contain contraband and that Customs breached the warranty. In coverage of the Court of Federal Claims' earlier ruling, the August 18, 2008 edition of The San Diego Union-Tribune reported that "Man who bought car full of pot wins case; U.S. purchase led to year in Mexican jail." "Rigases fight second trial in US appeals court": The Associated Press has a report that begins, "Justice Department efforts to pursue a second fraud trial for an imprisoned cable television mogul and his son amount to constitutionally prohibited double jeopardy, a defense lawyer argued Wednesday before an 11-judge U.S. appeals panel." The case was reargued en banc today in the U.S. Court of Appeals for the Third Circuit. "Judge's confirmation one of many stalled; Filibusters slow U.S. Senate in approving jurists, including Vanaskie of Clarks Green": Today's edition of The Times Leader of Wilkes-Barre, Pennsylvania contains an article that begins, "In December, the Senate Judiciary Committee voted 16-3 in support of the nomination of U.S. District Judge Thomas I. Vanaskie to the 3rd U.S. Circuit Court of Appeals. The Clarks Green resident's nomination was sent to the full Senate awaiting a confirmation vote. More than two months later, no action has been taken." Posted at 09:52 AM by Howard Bashman "Lifers' fates rest with N.C. Supreme Court": The News & Observer of Raleigh, North Carolina today contains an article that begins, "The fate of dozens of inmates sentenced to life in the 1970s is now in the hands of seven Supreme Court justices who grilled an attorney for the state Tuesday about how prison officials have handled credits for good behavior." Posted at 08:30 AM by Howard Bashman "Starr receives warm welcome at introduction to Baylor University community": This article appears today in The Waco Tribune-Herald, along with an article headlined "That's Kent with a 'T': Local dentist says there's room for plenty of Starrs in Waco." The Fort Worth Star-Telegram reports today that "Some worry how Starr appointment will affect Baylor." And The Lariat, the student newspaper of Baylor University, contains articles headlined "Welcoming Kenneth Starr" and "Students protest 'controversial' president." "'Life' definition petitioned; Ballot push seeks to challenge Roe v. Wade": The Clarion-Ledger of Jackson, Mississippi contains this article today. And in related news, The Associated Press reports that "Nevada 'personhood' advocates appeal court ruling." "Justice backs selection bill; He says it would 'probably' be beneficial to give the governor authority to pick chief justice": This article appears today in The Salt Lake Tribune. Posted at 08:20 AM by Howard Bashman "Speeding case in Supreme Court; Fairlawn man challenging whether police officer can issue ticket based on sight, not radar gun": Today's edition of The Akron Beacon Journal contains an article that begins, "Many people vow they're going to fight their speeding ticket all the way to the Supreme Court. Today, Fairlawn entrepreneur and motorist Mark Jenney will have his day in court." The web site of the Supreme Court of Ohio has a preview of the case headlined "Is Trained Officer's Visual Estimate of Vehicle Speed Sufficient to Support Conviction for Speeding?" "U.S. Supreme Court: Will Lilly Ledbetter be black firefighters' heroine?" UPI has this report. Posted at 08:14 AM by Howard Bashman "Poll: Large majority opposes Supreme Court's decision on campaign financing." The Washington Post has a news update that begins, "Americans of both parties overwhelmingly oppose a Supreme Court ruling that allows corporations and unions to spend as much as they want on political campaigns, and most favor new limits on such spending, according to a new Washington Post-ABC News poll." And Gary Langer of ABC News has a blog post titled "In Supreme Court Ruling on Campaign Finance, the Public Dissents." You can access the poll questions and results at this link. "Senate Republicans Wage Stealth War Over Judges": David Ingram of The National Law Journal has this report. Posted at 07:50 AM by Howard Bashman Tuesday, February 16, 2010 "Students sue to restore affirmative action at UC": Josh Richman of The Oakland Tribune has this news update. And The Associated Press reports that "Calif race-based admissions law challenged anew." "Scalia: 'There Is No Right to Secede.'" Eric Turkewitz has this interesting post today at his "New York Personal Injury Law Blog." Posted at 08:57 PM by Howard Bashman "Gay divorce case draws attorney general's attention; Couple married in Massachusetts wants divorce in Travis County": Today's edition of The Austin American-Statesman contains an article that begins, "Texas Attorney General Greg Abbott has intervened in a first-of-its-kind Travis County same-sex divorce case, arguing that the women involved, who were married in another state, may not be legally granted a divorce because Texas law defines marriage as between a man and a woman." You can access the intervention petition of the State of Texas at this link. "An increase in the Court's summary docket": Kevin Russell has this post at "SCOTUSblog." Posted at 02:57 PM by Howard Bashman "Fulton wins ruling in effort to ban alcohol at strip clubs": Bill Rankin of The Atlanta Journal-Constitution has this news update reporting on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today. Posted at 02:54 PM by Howard Bashman "Terrorism Trials Pose Dilemma For U.S." This audio segment appeared on yesterday evening's broadcast of NPR's "All Things Considered." And at Politico.com, Josh Gerstein has a report headlined "Lindsey Graham: White House mulling indefinite detention." "Ternus: Keep judges insulated from politics." Today's edition of The Waterloo-Cedar Falls Courier contains an article that begins, "Top Iowa judicial and legal officials Monday warned against efforts to politicize the state's process for selecting judges or turn judicial retention votes into referenda on particular decisions." And Radio Iowa has a report headlined "Chief Justice says retention vote will be a test of the system" that begins, "The Chief Justice of the Iowa Supreme court says this fall's retention election for three of the state's seven justices will be the test of a generation. The state's high court has faced heavy criticism after striking down the law that banned on same sex marriage." "Clash Of the Titans": Today in The Wall Street Journal, ABC News correspondent Jonathan Karl has this review of law professor Ken Gormley's new book, "The Death of American Virtue: Clinton vs. Starr." Posted at 07:45 AM by Howard Bashman "Starr named 14th president; Pepperdine dean will take office June 1": The Lariat, the student newspaper of Baylor University, contains this article today, along with articles headlined "Starr's resume illustrates his life" and "The road we took; Baylor began the arduous process of looking for a president 19 months ago" and an editorial entitled "Starr is an unconventional, but positive addition." Posted at 07:42 AM by Howard Bashman "Panel OKs end to 'merit selection' for judges": Howard Fischer has this article today in The East Valley (Ariz.) Tribune. Posted at 07:36 AM by Howard Bashman "Conrad Black gets some rare good news": Steven Skurka has this essay at CTV.ca. Posted at 07:35 AM by Howard Bashman "Asian-Carp Threat Stirs Rethink of Century-Old Feat; Great Lakes States Want to Effectively Undo a Historic Project and Cut Link to Mississippi River to Fend Off Invasive Fish": This article appears today in The Wall Street Journal. Posted at 07:28 AM by Howard Bashman "Palestinians reverse on terror victim": At Politico.com, Josh Gerstein has an article that begins, "In a highly unusual step likely to come as a significant relief to U.S. officials, the Palestinian Authority has quietly paid an undisclosed amount to settle a lawsuit by the widow of an American killed in Israel in 2002." Posted at 07:25 AM by Howard Bashman "Justice Breyer analyzes rule of law in Yale talk": The New Haven Register contains this article today. And The Yale Daily News reports today that "Breyer discusses Court's history." "Justice Kennedy on Prisons": This editorial appears today in The New York Times. Posted at 07:20 AM by Howard Bashman "Initiatives trample rights, Justice Moreno says": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, " Ballot initiatives have been used to mislead the public and trample on the rights of minorities, says Carlos Moreno, the only California Supreme Court justice who voted to overturn the state's ban on same-sex marriage." Posted at 07:18 AM by Howard Bashman Monday, February 15, 2010 "Student Suspended for Facebook Page Can Sue": Tuesday's edition of The New York Times will contain an article that begins, "A South Florida teenager who sued her former principal after she was suspended for creating a Facebook page criticizing a teacher can proceed with her lawsuit, a federal judge has ruled." And The Miami Herald has a news update headlined "Judge: Student's Facebook rants about teacher are protected speech; A teenager's venting about her teacher on a social networking site falls under the umbrella of the First Amendment, a federal judge ruled." I have posted at this link Friday's ruling of the U.S. District Court for the Southern District of Florida. "Federal suit planned against UC over ban on affirmative action; Activists challenge Proposition 209, charging that the 1996 law on university admissions violates right to equal protection under the Constitution": The Los Angeles Times has this news update. Posted at 11:30 PM by Howard Bashman "Breyer at YLS: Why does the Supreme Court work?" The Yale Daily News has this update. Posted at 08:24 PM by Howard Bashman "Sources: Starr named Baylor University president." The Waco Tribune-Herald has a news update that begins, "Kenneth W. Starr, the former independent counsel whose work led to the impeachment of then-President Bill Clinton, was named president of Baylor University this morning, sources said." Carol J. Williams of The Los Angeles Times has a news update headlined "Kenneth Starr leaving Pepperdine Law School to become Baylor president." The Associated Press reports that "Ex-Clinton prosecutor Starr named Baylor president." At Politico.com, Josh Gerstein reports that "Ken Starr to head Baylor University." And Baylor University has today issued a news release headlined "Introducing Judge Ken Starr, 14th President of Baylor University." Sunday, February 14, 2010 "Damages: Bill Clinton's Legal Mess." In Monday's edition of The New York Times, Janet Maslin will have this review of law professor Ken Gormley's new book, "The Death of American Virtue: Clinton vs. Starr." Additional reviews of the book have recently appeared in The Pittsburgh Post-Gazette and The Minneapolis Star Tribune. "'Obscene' U.S. Manga Collector Jailed 6 Months": At Wired.com's "Threat Level" blog, David Kravets has a post that begins, "A U.S. comic book collector is being sentenced to six months in prison after pleading guilty to importing and possessing Japanese manga books depicting illustrations of child sex and bestiality." And Anime News Network reports that "Christopher Handley Sentenced to 6 Months for 'Obscene' Manga." "Juror regrets racy candy that fed killer's appeal; U.S. Supreme Court orders new look into 1993 rape-murder trial": In yesterday's edition of The Atlanta Journal-Constitution, Bill Torpy and Bill Rankin had an article that begins, "The U.S. Supreme Court had two options: Let killer Marcus Wellons' execution go forward or try to get to the bottom of a bizarre episode in American jurisprudence." Posted at 07:58 PM by Howard Bashman "Supreme Court Justice Stephen Breyer to Lecture at YLS Feb. 15-16": Yale Law School has issued this news release. Posted at 07:54 PM by Howard Bashman "Justice Dept. defends warrantless cell phone tracking": Declan McCullagh of CNET News has this report. My earlier coverage appears here. Saturday, February 13, 2010 "4th Circuit Vacates $10 million Punitive Damages Award in Discrimination Suit": Mike Scarcella has this post at "The BLT: The Blog of Legal Times" about a lengthy non-precedential ruling of the U.S. Court of Appeals for the Fourth Circuit in which each of the three judges on the panel wrote separately. Posted at 03:10 PM by Howard Bashman "Ten Commandments display will get high court review": Today's edition of The Oklahoman contains an article that begins, "The U.S. Supreme Court is scheduled next week to consider the case involving a Ten Commandments monument on Haskell County Courthouse property in Stigler, but the legal discussion got a head start Friday at the University of Oklahoma." Posted at 11:35 AM by Howard Bashman "Why the 'Don't ask, don't tell' policy is doomed": David B. Rivkin Jr. and Lee A. Casey have this op-ed today in The Washington Post. Posted at 11:28 AM by Howard Bashman "State high court will review legality of 'pole tax'": The Houston Chronicle today contains an article that begins, "The Texas Supreme Court has decided to review the legality of charging a $5-per-person 'pole tax' to patrons of strip clubs and other adult entertainment venues, a case that has hinged on whether the government can tax content protected by the First Amendment." The Associated Press reports that "Texas Supreme Court will hear strip-club fee case." And at the "Austin Legal" blog of The Austin American-Statesman, Chuck Lindell has a blog post titled "Supreme Court to hear appeal on strip club 'pole tax.'" "Court hearing argues cell-phone privacy rights": The Philadelphia Inquirer contains this article today. And at "The Volokh Conspiracy," Orin Kerr has a post titled "Thoughts on the Oral Argument in the Third Circuit Cell-Site Records Case." You can access at this link (19.6MB Windows Media audio file) the recording of yesterday's oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit. "2008 habeas ruling may pose snag as U.S. weighs indefinite Guantanamo detentions": This article appears today in The Washington Post. Posted at 11:05 AM by Howard Bashman "Insiders: White House quietly preps for possible high court spot." Bill Mears of CNN.com has this report. Tony Mauro of The National Law Journal reports that "Talk Grows of 2 Openings at High Court; White House reportedly preparing for more Supreme Court exits." Friday, February 12, 2010 "Scope of Prescription Drug Tort Lawsuits to Be Tested; Appeals Ct. to Mull Negligent Marketing Cause of Action": Amaris Elliott-Engel had this article, in which I am mentioned and an appellate brief I wrote is quoted, in yesterday's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers. Posted at 04:40 PM by Howard Bashman "US govt appeals court ban on cell-phone tracking": Reuters has this report. And The Associated Press reports that "Justice Dept. wants phone locales without warrant." "Obama administration weighs choices for prosecuting 9/11 mastermind; Officials are considering 'multiple options' for trying Khalid Shaikh Mohammed following resistance to their proposal to hold a civilian trial for him in New York": The Los Angeles Times has this news update. And The Associated Press has a report headlined "Administration may abandon civilian 9/11 trial" that begins, "Attorney General Eric Holder is leaving open the possibility of trying professed Sept. 11 mastermind Khalid Sheikh Mohammed before a military commission instead of the civilian trial originally planned for New York City." "Gableman to remain on case before Supreme Court": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "State Supreme Court Justice Michael Gableman will remain on a criminal case after the six other justices couldn't agree whether they have the power to remove him over comments that some argue show bias against criminal defendants. The decision -- or, more accurately, non-decision -- included five opinions that totaled 147 pages, some of them rancorous." You can access yesterday's opinions of the Supreme Court of Wisconsin at this link. "Where the U.S. went wrong on the Christmas Day bomber": Michael B. Mukasey has this op-ed today in The Washington Post. Posted at 07:30 AM by Howard Bashman "Ohio Supreme Court Justice files re-election bid; Lanzinger seeks second term on Ohio Supreme Court": This article appears today in The Toledo Blade. And The Columbus Dispatch reports today that "Justice will seek court's top post; GOP's O'Connor has advantages in fall election." Thursday, February 11, 2010 "Saved by the Swiss": At the "Opinionator" blog of The New York Times, Linda Greenhouse has a post that begins, "Did President Obama have to promise to outfit the Swiss Navy to induce Switzerland to take two of the last Uighur detainees at Guantanamo Bay off our hands?" Posted at 11:45 PM by Howard Bashman "Reid nixes filibuster reform effort": Paul Kane of The Washington Post has this blog post. Posted at 11:44 PM by Howard Bashman "Panel punts on DOJ nominee": Politico.com has this report on the nomination of Dawn Johnsen. Posted at 11:42 PM by Howard Bashman "Democrats Try to Rebuild Campaign-Spending Barriers": Friday's edition of The New York Times will contain this article. James Oliphant of The Los Angeles Times has a news update headlined "Congress pushes back against Supreme Court ruling on corporate spending; Legislators are proposing a bill to reinstate some limits on election contributions in advance of this year's congressional primaries and general elections." In Friday's edition of The Wall Street Journal, Jess Bravin and Brody Mullins will have an article headlined "New Rules Proposed On Campaign Donors." The Washington Post has a news update headlined "Democrats suggest ways to curb companies' campaign spending." The Associated Press reports that "Top Democrats push back on campaign finance ruling." And Politico.com reports that "Dems try to blunt SCOTUS decision." "Obama will help select location of Khalid Sheik Mohammed terrorism trial": This article will appear Friday in The Washington Post. Posted at 11:27 PM by Howard Bashman "Obscenity online: Do we need a national standard?" David L. Hudson Jr. has this essay online today at the First Amendment Center. Posted at 05:37 PM by Howard Bashman "Strip club prevails in court": Today's edition of The Omaha World-Herald contains an article that begins, "Live! Nude! Girls! can dance another day in Iowa, after a state Court of Appeals ruling Wednesday seen as a victory for strip clubs." The Muscatine Journal reports today that "Iowa court dismisses appeal over nude dancing." And The Des Moines Register contains an article headlined "Appeals court: Nude dancing still considered art." You can access yesterday's ruling of the Iowa Court of Appeals at this link. "Man convicted of statutory rape may get new trial after DNA report": This article appears today in The Kansas City Star. And The Jefferson City News Tribune reports today that "New hearing ordered in statutory rape case; DNA test calls into question testimony of key witness." You can access yesterday's ruling of the Supreme Court of Missouri at this link. "Canada government seeks to avoid tobacco liability": Reuters has a report that begins, "The Canadian government asked the Supreme Court this week to overturn British Columbia court rulings that could force it to share financial responsibility for damages caused by tobacco use." Posted at 09:07 AM by Howard Bashman "11th Circuit Appears Split Over Deference in Sentencing; En banc panel hears appeal of case in which man was sentenced to 17 years after pleading guilty to recording his sexual abuse of children": law.com has this report. Posted at 08:33 AM by Howard Bashman Wednesday, February 10, 2010 Fifth Circuit ruling underscores the perils of using a junked vehicle for artistic or political expression: An article headlined "The Sad Case of the Cactus Planter" appeared in the September 19, 2008 issue of The Austin Chronicle. The situation facing Ralph the Cactus Planter appears no happier today now that the U.S. Court of Appeals for the Fifth Circuit has issued this ruling. Posted at 10:52 PM by Howard Bashman "Right to Free Speech Collides With Fight Against Terror": Adam Liptak will have this article Thursday in The New York Times. Posted at 10:34 PM by Howard Bashman "Man who exposed himself may escape deportation": Bob Egelko of The San Francisco Chronicle has this news update. And The Associated Press has a report headlined "Court: Indecent exposure not always depraved." My earlier coverage of today's Ninth Circuit ruling appears at this link. "US court: Nude dancing not ground for deportation." Reuters has this report about today's Ninth Circuit ruling that is the subject of the post immediately below. Posted at 05:04 PM by Howard Bashman Three-judge Ninth Circuit panel divides over whether the offense of indecent exposure is categorically a crime of moral turpitude under California law: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Circuit Judge Stephen Reinhardt wrote the majority opinion, in which Circuit Judge Milan D. Smith, Jr. joined, holding that the offense of indecent exposure is not categorically a crime of moral turpitude under California law. Circuit Judge Jay S. Bybee issued a lengthy dissenting opinion. "Law School takes part in Court case; Supreme Court Litigation Clinic to represent petitioner in Abbott v. United States": The Cavalier Daily, the student newspaper of the University of Virginia, has this front page article today. Posted at 09:50 AM by Howard Bashman "Ex-Supreme Court Justice O'Connor: Change way Mich. elects judges." This article appears today in The Detroit News. And The Detroit Free Press reports today that "O'Connor fears cash will flood judicial races." "Bygone days color justices' arguments; Supreme Court members' quips and questions recall a time before reality TV, YouTube and speed dating": Joan Biskupic has this article today in the print edition of USA Today. Posted at 09:45 AM by Howard Bashman "W.Va. high court justices firm: No appeals court needed." This article appears today in The Charleston Gazette. And The Associated Press reports that "New appeals court unlikely for state." "Boy, 12, faces grown up murder charges": Stephanie Chen has this report at CNN.com. Posted at 09:30 AM by Howard Bashman "Student support contract enforceable after divorce, says high court": Today's edition of The Salt Lake Tribune contains an article that begins, "Spouses who agree to take turns supporting each other through college could find themselves financially liable for breaking a contract if they divorce before both sides benefit." You can access yesterday's ruling of the Supreme Court of Utah at this link. "Lawyers petition court to hold Yoo accountable": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "As reports circulate that the Justice Department has softened its criticism of attorney John Yoo for memos approving the Bush administration's treatment of terrorism suspects, several prominent lawyers are urging a federal appeals court in San Francisco to hold Yoo accountable." Posted at 09:20 AM by Howard Bashman Tuesday, February 9, 2010 "Former boy soldier, youngest Guantanamo detainee, heads toward military tribunal": Wednesday's edition of The Washington Post will contain an article that begins, "Omar Khadr, the youngest detainee at Guantanamo Bay, Cuba, was 15 when he allegedly threw a grenade that killed a U.S. Special Forces medic in Afghanistan. Now, more than seven years later, Khadr is drawing the Obama administration into a fierce debate over the propriety of putting a child soldier on trial." Posted at 11:04 PM by Howard Bashman "Justice Clinton?" Mark McKinnon and Myra Adams have this blog post at "The Daily Beast." Posted at 11:00 PM by Howard Bashman "Clarence Thomas, Sonia Sotomayor, and the Noble Lie": Michael C. Dorf has this essay online at FindLaw. Posted at 10:58 PM by Howard Bashman "Dems seek quick fix on campaign finance; Want law in place for fall vote": This article will appear Wednesday in The Washington Times. And Wednesday's edition of The Wall Street Journal will contain an article headlined "Investors Seek More Disclosure on Political Spending." You can access the full text of this article via Google News. "Justice O'Connor speaks at Wayne State event": The Detroit Free Press has a news update that begins, "Former U.S. Supreme Court Justice Sandra Day O'Connor this afternoon reiterated her call for choosing judges on a merit-based system." Posted at 10:47 PM by Howard Bashman "U.S. Senate confirms Judge Joseph Greenaway Jr. for federal appeals court": The Newark (N.J.) Star-Ledger has this news update. My coverage from earlier today appears here. "Supreme Court arguments reveal an old-fashioned bench": Joan Biskupic will have this article Wednesday in USA Today. Posted at 09:04 PM by Howard Bashman "Corporate free-speech ruling speaks of shift in Supreme Court; All five justices who made up the majority in the Citizens United vs. Federal Election Commission decision were appointed by President Reagan or worked as lawyers in his administration": David G. Savage will have this article Wednesday in The Los Angeles Times. Posted at 08:35 PM by Howard Bashman "S.F.'s broad jail strip-search policy ruled OK": Bob Egelko of The San Francisco Chronicle has this news update. And Carol J. Williams of The Los Angeles Times has a news update headlined "Court rules strip searches of inmates constitutional; The U.S. 9th Circuit Court of Appeals says searches are needed to prevent the smuggling of contraband into detention centers; The decision replaces a smaller panel's more critical ruling in 2008." My earlier coverage of today's en banc Ninth Circuit ruling appears at this link. The original three-judge panel's ruling in the case, from August 2008, can be accessed here. "Senate finally approves judge": The Record of Bergen County, New Jersey has a news update that begins, "The U.S. Senate unanimously approved a Newark federal judge's promotion to the nation's second-highest court Tuesday, five months after the Judiciary Committee decided unanimously to support his nomination. With the 84-0 vote, U.S. District Court Judge Joseph A. Greenaway will fill the seat on the 3rd U.S. Circuit Court of Appeals that was vacated when Samuel Alito was confirmed to the U.S. Supreme Court in 2006." You can access the U.S. Senate's official roll call vote tally by clicking here. "[W]e conclude that San Francisco's policy requiring strip searches of all arrestees classified for custodial housing in the general population was facially reasonable under the Fourth Amendment, notwithstanding the lack of individualized reasonable suspicion as to the individuals searched." So holds an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit, by a vote of 6-5.* You can access today's ruling at this link. Chief Judge Alex Kozinski's concurring opinion and the dissenting opinion are also both worth a read. Update: Bay City News reports that "Fed Court Approves SF Jail Strip Searches." *As law professor Eugene Volokh notes in this post at "The Volokh Conspiracy," the en banc panel's vote on the constitutionality of the policy was 6-5. Believing that the defendants were entitled to qualified immunity, one of the five dissenters on the constitutionality of the policy ended up voting with the majority in support of the en banc court's judgment, making the final vote in support of the judgment 7-4. "Bike footrests aren't weapons, state Supreme Court says; Ruling comes in the case of a youth convicted of carrying a metal cylinder as a weapon": Maura Dolan has this article today in The Los Angeles Times. You can access yesterday's ruling of the Supreme Court of California at this link. "Judge gets sarcastic over records rule criticism": The Associated Press has a report that begins, "The chief justice of the Wyoming Supreme Court on Monday dished out a sarcastic response to criticism in newspaper editorials of a proposal to redact information from public court records." Posted at 08:00 AM by Howard Bashman "Case of missing innards unprecedented in state court": Today's edition of The Las Vegas Sun contains an article that begins, "The curious case of a young Englishman's missing organs is forcing the Nevada Supreme Court to take its first stand on the mishandling of human remains." According to the article, the case is before Nevada's highest state court on certified question from the U.S. District Court for the District of Nevada. "UK Jews weigh fight after court ruling on 'Who is a Jew'": The Jewish Telegraphic Agency has this report, via The Jerusalem Post. Posted at 07:54 AM by Howard Bashman "UCD gender suit sent back for jury trial": In today's edition of The Sacramento Bee, Denny Walsh has an article that begins, "The elimination of women's wrestling in 2000 at UC Davis is symptomatic of the university's overall poor performance in providing equal opportunities for women in varsity sports, a federal appellate court ruled Monday." My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "Supreme Court ruling fuels voter ire": Politico.com has this report. Posted at 07:48 AM by Howard Bashman "In interview, Scott Roeder speaks of lacking sympathy": Today's edition of The Kansas City Star contains an article that begins, "As he awaits sentencing for first-degree murder, Scott Roeder said in an interview released Monday that he has little sympathy for Wichita abortion doctor George Tiller's family." Posted at 07:46 AM by Howard Bashman "David H. Souter To Deliver Address at Harvard's 2010 Commencement": This article appears today in The Harvard Crimson. Posted at 07:44 AM by Howard Bashman "Okla. panel OKs death sentence for child rapists": The Associated Press has this report. Posted at 07:42 AM by Howard Bashman "Electronic Privacy and the Supreme Court": Daniel I. Prywes has this essay online at law.com. Posted at 07:34 AM by Howard Bashman Monday, February 8, 2010 "Appeals court: Women wrestlers can sue UC Davis." The Associated Press has a report that begins, "An appeals court said Monday it appears that the University of California, Davis violated federal law meant to promote gender equity in college athletics when it eliminated its women's wrestling program." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Georgetown Law's Lazarus Named to New Professorship": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 05:00 PM by Howard Bashman "Advocates push abortion-rights license plate in Va": The Associated Press has this report. Posted at 03:15 PM by Howard Bashman "Federal investigators explore charges against Roeder": This article appeared yesterday in The Kansas City Star. And The Associated Press reports that "Attorneys seek new trial for abortion doc's killer." "A Mediocre Criminal, but an Unmatched Jailhouse Lawyer": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times. Posted at 02:17 PM by Howard Bashman "Originalism and Economic Analysis: Two Case Studies of Consistency and Coherence in Supreme Court Decision Making." D.C. Circuit Judge Douglas H. Ginsburg has this article in the current issue of the Harvard Journal of Law & Public Policy (via "Legal Theory Blog"). Posted at 12:33 PM by Howard Bashman "No Talking, No Texting, No Tweeting": At "The BLT: The Blog of Legal Times," Marcia Coyle has a post that begins, "A committee of the Judicial Conference of the United States has endorsed a set of model jury instructions for district judges to help deter jurors from using cell phones, computers or other electronic technologies during their jury service." Posted at 12:24 PM by Howard Bashman "David Souter to speak at 359th Commencement; Harvard alumnus served nearly two decades on U.S. Supreme Court": Harvard University has issued this news release today. And The Harvard Crimson has a news update headlined "David H. Souter To Headline Harvard's 2010 Commencement." Eighth Circuit rejects death row inmates' challenge to the constitutionality of Arkansas's protocol for execution by lethal injection: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. In early news coverage, The Associated Press reports that "Appeals court says Arkansas' death penalty process is constitutional." "Reserving Time for Rebuttal Oral Argument on Appeal": You can access at this link today's installment of my monthly "Upon Further Review" column published in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers. Posted at 11:04 AM by Howard Bashman "We cannot envision, after Raich, a circumstance under which an as-applied Commerce Clause challenge to a charge of child-pornography possession or production would be successful." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in a ruling issued today. The ruling rejects a criminal defendant's argument that "his wholly intrastate, homemade child pornography falls outside the purview of congressional legislative power." Posted at 10:57 AM by Howard Bashman "New legal issue: Payment for child porn victims." The Associated Press has this report. Posted at 09:45 AM by Howard Bashman "Hear Clarence Thomas Speech and Q&A at Stetson Law School": I previously linked here to the archived video of Justice Clarence Thomas's remarks last Thursday at the University of Florida Levin College of Law. Now, via Jess Bravin's Twitter feed, I see that you can access the audio of Justice Thomas's remarks last Tuesday at the Stetson University College of Law via this link (88.7MB mp3 audio file). "Harry Reid ready to play at recess": Politico.com has a report that begins, "Senate Majority Leader Harry Reid used to consider recess appointments 'an end run around the Senate and the Constitution' -- so much so that he kept the chamber open during breaks to prevent President George W. Bush from making any more of them. But with a Democrat in the White House, and Republicans blocking executive branch nominees, Reid and his allies are starting to sing a different tune." Posted at 07:55 AM by Howard Bashman "The Trials of Felipe Reyna": The Texas Tribune today has posted online an article that begins, "Two former Texas Supreme Court justices and a Goliath of the state judicial lobby have lined up to drive Felipe Reyna from the Waco courthouse where he once worked as a janitor. The Tenth Court of Appeals Judge is undeterred." Posted at 07:54 AM by Howard Bashman "Campaign case may have set course for court; Ruling's impact might be seen in 2nd half of term": Joan Biskupic has this article today in USA Today. Posted at 07:25 AM by Howard Bashman Sunday, February 7, 2010 "Democrats Divide on Voice of Possible Top-Court Pick": In Monday's edition of The Wall Street Journal, Jess Bravin will have an article that begins, "Democrats gearing up for a possible Supreme Court vacancy are divided over whether President Barack Obama should appoint a prominent liberal voice while their party still commands a large Senate majority, or go with someone less likely to stoke Republican opposition." Posted at 10:09 PM by Howard Bashman "NRA, onetime ally feud over next big guns case to go before Supreme Court": Robert Barnes will have this article Monday in The Washington Post. Posted at 10:07 PM by Howard Bashman "Libel case could relax defamation laws": This article appears today in The Sunday Times of London. Posted at 10:10 AM by Howard Bashman "Federal judge breathes new life into 30-year-old death penalty case from San Jose": Howard Mintz has this article today in The San Jose Mercury News. Posted at 10:07 AM by Howard Bashman "U.S. Supreme Court: Will justices catch the gay marriage bouquet?" Michael Kirkland of UPI has this report. And today in The San Francisco Chronicle, columnists Phillip Matier and Andrew Ross have an essay entitled "Judge being gay a nonissue during Prop. 8 trial." Saturday, February 6, 2010 "Race & Gender of Judges Make Enormous Differences in Rulings, Studies Find": Edward A. Adams has this post this evening at the ABA Journal's "Law News Now" blog. Posted at 07:54 PM by Howard Bashman "Why (and When) Judges Dissent: A Theoretical and Empirical Analysis." Law professors Lee Epstein and William M. Landes and Seventh Circuit Judge Richard A. Posner have posted this paper online at SSRN (via "Legal Theory Blog"). Posted at 07:45 PM by Howard Bashman "The Trial: Eric Holder and the battle over Khalid Sheikh Mohammed." Jane Mayer will have this article in the February 15, 2010 issue of The New Yorker. And the February 15, 2010 issue of The Weekly Standard contains an article by Jennifer Rubin headlined "Obama's Attorney General (for now): Eric Holder botches the war on terror." "SJC says lewd IMs to minors not illegal; Patrick, legislators aim to close loophole": Today's edition of The Boston Globe contains a front page article that begins, "A Beverly man who sent a series of sexually explicit instant messages to someone he thought was a 13-year-old girl had his convictions overturned yesterday by the state's highest court, which declared that state law does not bar people from sending lewd computer messages to minors." My earlier coverage of yesterday's Supreme Judicial Court of Massachusetts ruling appears at this link. "A move to strike 'all men' from N.H. constitution; Some say it's time to make document gender-neutral": This article appears today in The Boston Globe. Posted at 04:25 PM by Howard Bashman "D.C. Lawyer Will Defend Chicago's Gun Law Before Supreme Court": Tony Mauro of The National Law Journal has this report. And yesterday's edition of The Daily Northwestern reported that "Possible changes to firearm ban will not affect Northwestern's private rules." "In Restraint of Liberty: Citizens United and the problem with conservative judicial restraint." Damon W. Root has this essay online at Reason. Posted at 10:42 AM by Howard Bashman "3rd Circuit to Mull Privacy of Cell Phone Data; Case offers rare glimpse into the mechanics of federal criminal investigations where nearly all documents are filed ex parte and stay under seal until indictments are handed up": Shannon P. Duffy will have this article Monday in The Legal Intelligencer. Posted at 10:35 AM by Howard Bashman "Alito objected to Obama's history claim": Mark Sherman of The Associated Press has this report. Posted at 10:30 AM by Howard Bashman Friday, February 5, 2010 "SJC: Instant messages are not illegal when used by sexual predators." The Boston Globe has a news update that begins, "The state's high court said today that sexually explicit instant messages used by a Beverly man to arrange a sexual encounter with someone he thought was a 13-year-old girl are not illegal under current state law." And The Associated Press has a report headlined "Mass. court: Sexual e-messages to minors legal." You can access today's ruling of the Supreme Judicial Court of Massachusetts at this link. "Justice Thomas Gives Shout-Out to Florida Lawyer": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 03:02 PM by Howard Bashman "Fill the Bench Now: Now is the time for Obama to move on judicial nominations." Doug Kendall has this jurisprudence essay online at Slate. Posted at 02:40 PM by Howard Bashman "Ex-justice spent 4 decades on bench": Today's edition of The Columbus Dispatch contains an obituary that begins, "J. Craig Wright, a pugnacious justice who served 11 years on the Ohio Supreme Court, died Wednesday in California. He was 80." According to the obituary, Wright was "involved in one of the most infamous episodes in court history" when he had a physical altercation with another Justice serving on Ohio's highest court that caused the other Justice to sustain three broken ribs. But, the obituary goes on to report, "The two justices later reconciled and became friends." "Conflicting opinions complicate students' cases": Today in The Pittsburgh Post-Gazette, Paula Reed Ward has an article that begins, "A federal appeals court Thursday issued what could be conflicting opinions on cases that involve students creating parody profiles on social networking sites." The Republican Herald of Pottsville, Pennsylvania reports today that "Blue Mountain discipline in MySpace case upheld by federal court." The Times-Tribune of Scranton, Pennsylvania reports that "Judge Munley's ruling against student in MySpace case upheld by appeals court." And Shannon P. Duffy of The Legal Intelligencer has an article headlined "Do 3rd Circuit Rulings Over Student Speech on MySpace Pages Contradict?" The two Third Circuit rulings issued yesterday that are the subject of this press coverage can be accessed here and here. "Justice Thomas visits UF; The Supreme Court member discussed current legal issues": The Gainesville Sun contains this article today. And The Independent Florida Alligator reports today that "Supreme Court Justice guest at law panel." You can view yesterday's event at the University of Florida Levin College of Law online and on-demand by clicking here. "Illinois Supreme Court strikes down medical malpractice law; Court says limiting damages violates separation-of-powers clause by allowing lawmakers to interfere with a jury's right to determine damages": This article appears today in The Chicago Tribune. The newspaper also contains an editorial entitled "A disastrous decision." The New York Times reports today that "Illinois Court Overturns Malpractice Statute." Nathan Koppel of The Wall Street Journal reports that "Illinois Supreme Court Tosses Malpractice-Award Curbs." The St. Louis Post-Dispatch reports that "Illinois Supreme Court throws out medical malpractice award limits." The State Journal-Register of Springfield, Illinois reports that "Malpractice cap supporters, opponents continue long-running debate following court ruling." The Belleville News-Democrat reports that "Metro-east plaintiff lawyers applaud malpractice ruling; doctors fear new exodus from area." The newspaper also contains an editorial entitled "Turn for worse for health care." The Bloomington Pantagraph reports that "Downstate lawmakers disappointed by court decision on malpractice." The Quad-City Times reports that "Downstate lawmakers disappointed by court decision." The Herald-News of Joliet, Illinois has an article headlined "Malpractice caps controversial." And as for how the decision is playing in Peoria, The Peoria Journal Star reports that "Attorneys say malpractice ruling will have little effect on Peoria." My earlier coverage of yesterday's Illinois Supreme Court ruling appears at this link. "Cox: Close canal to stop carp; DNA data was kept from U.S. Supreme Court, he says." Today's edition of The Detroit Free Press contains an article that begins, "Michigan Attorney General Mike Cox filed a renewed request for an immediate injunction Thursday with the U.S. Supreme Court, asking the justices to close locks on the Chicago shipping canal leading to Lake Michigan." And The Associated Press reports that "Michigan renews push to close Chicago ship locks." Thursday, February 4, 2010 "Scalia v. The World: On Antonin Scalia." Michael O'Donnell has this book review in the February 22, 2010 issue of The Nation. Posted at 08:47 PM by Howard Bashman "Rulings Leave Online Student Speech Rights Unresolved": David Kravets has this post at Wired.com's "Threat Level" blog. And at "The School Law Blog" of Education Week, Mark Walsh has a post titled "MySpace Parodies of Principals Yield Differing Court Rulings." My earlier coverage of and links to today's Third Circuit rulings can be accessed here and here. "Notes on Justice Kennedy": As I noted in this post from earlier today, Justice Anthony M. Kennedy spoke yesterday at the Pepperdine University School of Law. Attorney Ben Shatz was present at the event, and you can access his notes on Justice Kennedy's remarks via this post at "Southern California Appellate News." "Justice Thomas urges UF law students to avoid cynicism": The Gainesville Sun has this news update. And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justice Thomas, On the Road Again." "Rulings cloud issue of school MySpace suspensions": The Associated Press has this report. And Paula Reed Ward of The Pittsburgh Post-Gazette has a news update headlined "Appeals court: MySpace parody is protected speech." My earlier coverage of and links to today's Third Circuit rulings can be accessed here. The U.S. Court of Appeals for the Ninth Circuit teaches an unforgiving lesson on the consequences of relying on Ninth Circuit precedent: The title of this post is unfair, because in fact the U.S. Supreme Court is to blame for the harsh consequences that the Ninth Circuit was enforced to impose on the appellants in this decision issued today. Posted at 03:18 PM by Howard Bashman "A Conversation with Associate Justice Clarence Thomas": This morning's event at the University of Florida Levin College of Law can now be viewed online, on-demand by clicking here. Posted at 02:33 PM by Howard Bashman U.S. Court of Appeals for the Third Circuit today decides two student online free speech cases: Today's ruling by a divided three-judge panel in J.S. v. Blue Mountain School District begins, "This appeal presents a challenge to J.S.'s suspension from Blue Mountain Middle School after she created from her home computer a MySpace.com Internet profile featuring her principal, James McGonigle." And today's ruling by a different, unanimous three-judge panel in Layshock v. Hermitage School District begins, "In this appeal and cross-appeal, we are asked to determine if a school district can punish a student for expressive conduct that originated outside of the classroom, when that conduct did not disturb the school environment and was not related to any school sponsored event." "D.C. Circuit to Ex-Judge in Pants Suit: Follow the Rules." Mike Scarcella has this post today at "The BLT: The Blog of Legal Times." Posted at 02:03 PM by Howard Bashman On remand, Melendez-Diaz benefits from the U.S. Supreme Court's ruling in Melendez-Diaz: As noted briefly today in The Boston Globe (see third item at this link), yesterday the Massachusetts Appeals Court issued this ruling. Posted at 12:17 PM by Howard Bashman "Illinois top court strikes down medical malpractice caps; Says not moved by Washington health care reform effort": The Chicago Tribune has this news update. And Reuters reports that "Illinois court strikes down malpractice cap law." You can access today's ruling of the Supreme Court of Illinois at this link. "The Court's Witness: An Interview with Linda Greenhouse." This interview appears online at the web site of The Politic (via "Election Law Blog"). Posted at 12:00 PM by Howard Bashman "White House Prepares for Possibility of 2 Supreme Court Vacancies; SCOTUS Watchers Believe Justices Stevens and Ginsburg Could Decide to Step Aside": Ariane de Vogue has this report at ABCNews.com. Posted at 11:57 AM by Howard Bashman "Thomas: Some questioning of Court 'irresponsible.'" The Associated Press has this report. Posted at 11:51 AM by Howard Bashman "High Court To Hear Torture Case": Today in The Daily Journal of California, Lawrence Hurley has an article that begins, "When the question of whether former officials of foreign countries can be sued in American courts for acts of torture goes before the U.S. Supreme Court next month, it will be a landmark moment for a nonprofit legal group in San Francisco." Posted at 11:04 AM by Howard Bashman Josh Blackman is live-blogging Justice Clarence Thomas's remarks at the University of Florida Levin College of Law: You can access the live-blogging by clicking here. And you can view Justice Thomas's remarks live, online by clicking here. Update: The question-and-answer session involving Justice Thomas has concluded just after 11:30 a.m. eastern time. "Why The Plan To Close Guantanamo Backfired": This audio segment appeared on today's broadcast of NPR's "Morning Edition." Posted at 08:30 AM by Howard Bashman "An Unreasonable Delay": Today's edition of The New York Times contains an editorial that begins, "More than a year into his presidency, President Obama's nominee to lead the Justice Department's Office of Legal Counsel still has not been confirmed by the Senate." And today's edition of The Wall Street Journal contains an editorial entitled "Justice at Dawn: An Obama nominee falls victim to the realities of fighting terrorism." The full text of the editorial is available via Google News. "Brown sisters explain 1954 Supreme Court civil rights case; Pair to dispel myths of landmark case": This article appears today in The Commercial Appeal of Memphis, Tennessee. Posted at 08:26 AM by Howard Bashman "Supreme ambition, jealousy and outrage: The judicial bunfight that stopped an outsider from being appointed to the highest court." Frances Gibb has this essay today in The Times of London. Posted at 08:25 AM by Howard Bashman "Justice Kennedy laments the state of prisons in California, U.S.; Speaking to L.A. lawyers, the Supreme Court jurist blasts the prison guard union's influence, calling it 'sick' but sidesteps questions about the ruling he wrote last month on campaign spending": Carol J. Williams has this article today in The Los Angeles Times. And The Ventura County Star reports today that "Justice injects humor at Pepperdine event." The Pepperdine University School of Law issued a news release headlined "Justice Kennedy Gave Fourth Annual William French Smith Memorial Lecture." You can access more information about the event at this link. "Calif. marriage trial draws friends with briefs": The Associated Press has this report. Posted at 08:14 AM by Howard Bashman "Law school to host Clarence Thomas": The Independent Florida Alligator has this report. At 10:00 a.m. eastern time today, Justice Clarence Thomas is scheduled to speak in the Marshall Criser Distinguished Lecture Series at the University of Florida Levin College of Law. The law school will broadcast Justice Thomas's remarks and question-and-answer session live, online via this link. No Vegemite sandwich for you! The Sydney Morning Herald has a news update headlined "Men at Work's Down Under ripped off Kookaburra: court." And The Associated Press reports that "Court says '80s hit 'Down Under' copies kids' song." The video of the Men at Work song can be accessed here via YouTube, Wednesday, February 3, 2010 "N.J. Supreme Court rules schools can search cars of students": Mary Fuchs of The Newark Star-Ledger has this news update. And The Atlantic City Press has a news update headlined "NJ Supreme Court ruling upholds EHT school official's 2006 search of student's car." You can access today's ruling of the Supreme Court of New Jersey at this link. "4 UF students will get to ask questions of Clarence Thomas": The Gainesville Sun has a news update that begins, "U.S Supreme Court Justice Clarence Thomas will be answering questions from four University of Florida law students on Thursday." And the University of Florida Levin College of Law has issued a news release headlined "A conversation with Associate Justice Clarence Thomas -- Marshall Criser Distinguished Lecture Series." Some additional information can be accessed here. "State court passes 1st test of bias rules": This editorial appears today in The Detroit Free Press. Posted at 10:50 PM by Howard Bashman "Ex-judge Wiggins is first to file for Supreme Court": The Olympian of Olympia, Washington has a post at "The Politics Blog" that begins, "Charles Wiggins is first to file papers to raise money for a state Supreme Court campaign this year. He is seeking the seat now held by libertarian Justice Richard Sanders, and apparently is making Sanders' conduct an issue." And SeattlePI.com has a blog post titled "Charlie Wiggins runs for state Supreme Court." You can access the Charlie Wiggins for Justice web site at this link. "Ignoring Supreme Court's Khadr ruling, Ottawa won't request repatriation; Because recommendations lack teeth, the Tories are on solid legal ground: experts." Kirk Makin will have this article in Thursday's edition of The Toronto Globe and Mail. Posted at 10:05 PM by Howard Bashman "Appeals court: New York City can limit billboards." The Associated Press has a report that begins, "A federal appeals court ruled Wednesday that the city did not violate the First Amendment by limiting the number of billboards along its roadways and parks." You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. "Justice Defends Ruling on Finance": In Thursday's edition of The New York Times, Adam Liptak will have an article that begins, "In expansive remarks at a law school in Florida, Justice Clarence Thomas on Tuesday vigorously defended the Supreme Court's recent campaign finance decision." Posted at 07:46 PM by Howard Bashman Ninth Circuit denies rehearing en banc of divided three-judge panel's decision rejecting a Commerce Clause challenge to a federal law criminalizing the possession by a felon of body armor sold or offered for sale in interstate commerce: You can access at this link today's order denying rehearing en banc along with a dissent from the denial of rehearing en banc in which four judges joined. The original three-judge panel's ruling issued in May 2009, and I had this coverage of the ruling on the day it issued. "Briefer Briefs Ahead for Supreme Court": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 03:40 PM by Howard Bashman "Analysis: The terrifying right to remain silent." Matt Apuzzo of The Associated Press has this news analysis. Posted at 02:08 PM by Howard Bashman "Appeals court: Prosecutor can't be sued over 2003 terror trial." Paul Egan of The Detroit News has this update. My earlier coverage of today's Sixth Circuit ruling appears at this link. "U.S. Supreme Court Justice Clarence Thomas speaks at Stetson University": This article appears today in The St. Petersburg Times. Last night, I collected additional coverage in this post. "What Does Society Demand from a Chicken Sandwich?" The blog "Abnormal Use: An Unreasonably Dangerous Products Liability Blog" has this post on a recent non-precedential ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit. Earlier, "The VLW Blog" covered the ruling in a post titled "Fast-food products case revived." "Family's case against CHP can go forward, appeals court rules; A woman's family had sued citing invasion of privacy after two officers e-mailed graphic crash photos, but a lower court dismissed the case": This article appears today in The Los Angeles Times. Yesterday's edition of The Orange County Register reported that "Catsouras family wins right to sue over death photos." Metropolitan News-Enterprise reported yesterday that "Court of Appeal Revives Privacy Suit Over Death Photos on Internet." And ABCNews.com reports that "Family Can Sue Calif. Highway Patrol for Letting Daughter's Accident Photos Spread Online; Nicole Catsouras Died in Car Crash; Family Says Pain Compounded by Police Photos of Body." You can access Monday's ruling of California's Court of Appeal for the Fourth Appellate District, Division Three, at this link. "Child Pornography, and an Issue of Restitution": John Schwartz has this article today in The New York Times. Some recent earlier related posts can be accessed here and here. "Prosecutor can't be sued over 2003 terror trial": The Associated Press has a report that begins, "A man whose 2003 conviction on terror-related charges in Detroit was thrown out can't sue the prosecutor for misconduct. A federal appeals court reversed a lower court Wednesday and ruled in favor of Richard Convertino." You can access today's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link. "Senate goes back to the drawing board on campaign finance; A Senate committee on Tuesday discussed how to limit the US Supreme Court campaign-finance ruling that opened elections to corporate ads; One suggestion: a constitutional amendment." Warren Richey of The Christian Science Monitor has this report. Posted at 09:14 AM by Howard Bashman "Court: Ressam sentence 'failed to protect public'; The 9th U.S. Circuit Court of Appeals has harshly rebuked a Seattle-based federal judge for sentencing would-be millennium bomber": The Seattle Times contains this article today. Today in The Los Angeles Times, Carol J. Williams reports that "Would-be LAX terrorist's prison sentence overturned as too lenient; A divided appeals panel rules that the 22-year sentence for an Al Qaeda operative didn't follow guidelines; He had originally agreed to cooperate with authorities for a lighter sentence but reneged." John Schwartz of The New York Times reports that "Appeals Court Throws Out Sentence in Bombing Plot, Calling It Too Light." And James Vicini of Reuters reports that "Court sets aside 'millennium bomber' sentence." My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "Trial Lawyers Contribute, Shareholder Suits Follow": This front page article appears today in The Wall Street Journal. Posted at 08:47 AM by Howard Bashman "Judge Slashes Punitives, Upholds Jury's Finding in Hormone Replacement Therapy Case": Amaris Elliott-Engel has this article today in The Legal Intelligencer. And Bloomberg News reports that "Pfizer Wins 93% Cut in Prempro Punitive-Damages Award." You can access the recent ruling of the Court of Common Pleas of Philadelphia County, Pennsylvania at this link (via "The Am Law Litigation Daily"). Tuesday, February 2, 2010 "Court: Part of Oklahoma immigrant law enforceable now." The Associated Press has a report that begins, "A federal appeals court panel on Tuesday upheld much of an injunction against Oklahoma's tough anti-illegal immigrant law but said the state can now force public contractors to cross-check employee names against a government list of eligible workers." You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link. "Tax court allows deduction for woman's sex change": The Associated Press has a report that begins, "The U.S. Tax Court ruled Tuesday that a Massachusetts woman should be allowed to deduct the costs of her sex-change operation, a decision that could have broad implications for transgender people." And "TaxProf Blog" has a post titled "Tax Court: Gender Reassignment Surgery Is a Deductible Medical Expense." You can access today's ruling of the U.S. Tax Court at this link. "Supreme Court's campaign finance ruling: just the facts; Questions and answers about the Supreme Court's ruling on campaign finance and how it will change America's elections." Warren Richey and Linda Feldmann of The Christian Science Monitor have this report. The Associated Press reports that "Lawmakers pledge action to limit election spending." And ABC News senior White House correspondent Jake Tapper has a blog post titled "President Obama Not Backing Down Against Supreme Court." "Live from Stetson: It's Supreme Court Justice Clarence Thomas." The St. Petersburg Times has this news update. CBS affiliate WTSP-TV in St. Petersburg reports that "Supreme Court Justice Clarence Thomas visits Stetson law students." WUSF has reports headlined "Thomas Warm, Fuzzy at Stetson Speech" and "Clarence Thomas Glad He Avoided State of the Union." And Stetson University College of Law has a news release headlined "Justice Thomas Visits Stetson Law." "LAX 'millennium bomber' to be resentenced; 22 years is too lenient, court rules": Carol J. Williams of The Los Angeles Times has this blog post. And The Associated Press has a report headlined "Court: Sentence for millennium plotter too lenient." You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. Senior U.S. District Judge John C. Coughenour will not get a third opportunity to impose a sentence on Ahmed Ressam because the majority has ordered that the case be reassigned on remand. "Thomson Reuters Acquires Super Lawyers; Leading attorney rating business to align with Business of Law offerings": So states a news release that Thomson Reuters issued today. Posted at 02:21 PM by Howard Bashman "US pushes for Noriega extradition to France": The Associated Press has this report. Posted at 11:45 AM by Howard Bashman "GOP senators perfect art of stalling": Online today at Politico.com, Nan Aron has an essay that begins, "The breathless reporting of the State of the Union 'confrontation' between President Barack Obama and the conservative members of the Supreme Court in the wake of the Citizens United v. FEC ruling has overshadowed a much more serious issue -- congressional Republicans' systematic blocking of the president's judicial nominees." Posted at 11:30 AM by Howard Bashman "California sex offender residency restrictions upheld; Housing restrictions barring offenders from living near schools or parks apply even to those convicted years before the law took effect, state Supreme Court says": Maura Dolan has this article today in The Los Angeles Times. In today's edition of The San Francisco Chronicle, Bob Egelko reports that "Sex offenders lose challenge to residency rules." Denny Walsh of The Sacramento Bee reports that "California Supreme Court upholds key part of sex offender law." Howard Mintz of The San Jose Mercury News reports that "California Supreme Court upholds parts of Jessica's Law." And Greg Moran of The San Diego Union-Tribune reports that "Sex offenders' court battles will continue; Justices reject some challenges to law." My earlier coverage of yesterday's California Supreme Court ruling can be accessed here. "Senate Must Move Swiftly on Court Vacancies": Law professor Carl Tobias has this op-ed today in Roll Call. Posted at 08:07 AM by Howard Bashman "Rendition victim appeals to US Supreme Court": Agence France-Presse has a report that begins, "A Canadian man who was transferred by US officials to Syria, where he was imprisoned and allegedly tortured, filed a suit before the US Supreme Court seeking to sue the United States. Maher Arar is appealing a lower court ruling that his case could not proceed because it involved secret national security information." Update: You can access the cert. petition at this link. "Odor in the Court": The Texas Tribune has an article that begins, "Forget all the rhetoric about the Jacksonian premise of a popularly elected judiciary. The public wants cash out of the courtroom -- and that could mean pushing elections out, too." And attorney David Schenck has a related essay entitled "The End of Judicial Elections?" "Court upholds state's death penalty; After three-year delay, judge allows executions to resume": Sean O'Sullivan has this article today in The News Journal of Wilmington, Delaware. My earlier coverage of yesterday's Third Circuit ruling appears at this link. "Graham seeks to block funding for civilian terror trials": James Rosen of McClatchy Newspapers has this report. Posted at 07:55 AM by Howard Bashman "Prop. 8 trial on YouTube after all -- re-enacted": Bob Egelko has this article today in The San Francisco Chronicle. My earlier coverage of the YouTube reenactment can be accessed here. "Early draft of the Constitution found in Phila." The Philadelphia Inquirer contains this article today. Posted at 07:52 AM by Howard Bashman "Proposed appeals court doesn't impress justice": This article appears today in The Charleston (W. Va.) Daily Mail. The Charleston Gazette reports today that "Chamber wrong about court appeals, chief justice says." And West Virginia MetroNews has a report headlined "Chief Justice Davis: No Intermediate Court Needed." "'Original victims' cheated in Luzerne scandal?" The Philadelphia Inquirer today contains an article that begins, "The state's victim advocate yesterday urged a special panel not to forget the thousands of 'original victims' allegedly harmed by juveniles whose cases were heard by judges at the center of the Luzerne County criminal-justice scandal." Posted at 07:44 AM by Howard Bashman "Disorder in the court: chief justice slams Justice Orie Melvin; Legal experts surprised by Castille's 'verbal sledgehammer.'" Today's edition of The Pittsburgh Post-Gazette contains an article that begins, "In an opinion more remarkable for its castigating tone than for the question of law it settled, state Supreme Court Chief Justice Ronald D. Castille last week delivered a broadside to fellow Justice Joan Orie Melvin, questioning her logic, her understanding of constitutional law and accusing her of 'the height of judicial activism' during her first month on the bench." On Saturday, I had this post linking to the opinions filed in that matter. "Reagan defter in dealing with court": Columnist Michael Smerconish has this op-ed today in The Philadelphia Daily News. Posted at 07:38 AM by Howard Bashman "High Court Campaign Finance Opinion Roils Dozens of Cases": Marcia Coyle of The National Law Journal has this report. Posted at 07:34 AM by Howard Bashman Monday, February 1, 2010 "Crime victim wants $3.4 million, but is that fair? Court, attorneys in porn case looking for an answer to a newly-posed question." Today's edition of The St. Paul Pioneer Press contains an article that begins, "Federal prosecutors Friday conceded that a Duluth man convicted of possessing child pornography should pay restitution to a girl he had photos of, but they don't know how much he should pay." My earlier coverage of this matter appears at this link. "Okla. men lose bid to sue Grisham, other writers": The Associated Press has a report that begins, "A federal appeals court in Denver ruled that three public officials from Oklahoma cannot revive their libel lawsuit against best-selling author John Grisham and two other writers." You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link. "Trial stirs painful memories of brutal home invasion": CNN.com has this report from Cheshire, Connecticut. Posted at 05:47 PM by Howard Bashman "Mixed ruling on sex offender residency law": Greg Moran of The San Diego Union-Tribune has a news update that begins, "The state Supreme Court left the door open Monday to contentions that strict restrictions on where some registered sex offenders can live are unconstitutional, but turned away other legal challenges to a 2006 law that toughened laws against sexual crimes." Denny Walsh of The Sacramento Bee has a news update headlined "California Supreme Court upholds law restricting where sex offenders live." Howard Mintz of The San Jose Mercury News has an update headlined "California Supreme Court upholds parts of Jessica's Law." And Maura Dolan of The Los Angeles Times has a blog post titled "'Jessica's Law' can be applied retroactively, state Supreme Court decides." My earlier coverage of today's California Supreme Court ruling can be accessed here. "Appeals court approves Del. execution protocols, lifts stay": Sean O'Sullivan of The News Journal of Wilmington, Delaware has a news update that begins, "Delaware's death penalty has been upheld as constitutional by the U.S. 3rd Circuit Court of Appeals, which also has lifted a stay on all executions in the state." You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link. The audio recording of the oral argument that I presented last Thursday in the U.S. Court of Appeals for the Third Circuit is now available online: You can access the audio via this link (37.7MB Windows Media audio file). At some point in my initial argument, two judges on the panel join me in something of a "shout-out" to U.S. District Judge D. Brock Hornby of the District of Maine. I recently had the pleasure of sitting next to Judge Hornby at an event at the Newseum in Washington, DC. On a totally unrelated point, the case that I argued was the day's first oral argument, and I reserved four of my fifteen total minutes for rebuttal. I heard at the start of the second oral argument of the day, as I was leaving the courtroom, that the attorney for the appellant was asking the panel to reserve only one minute for rebuttal. The panel seemed a little surprised by the paucity of that request, although I did not stick around to see if the panel persuaded that lawyer to reserve additional rebuttal time. In my experience, it is much more common to see a lawyer at an appellate oral argument try to reserve too much rebuttal time -- say ten minutes for rebuttal in a fifteen-minute oral argument -- than too little rebuttal time. But, on occasion, a lawyer forgets to reserve any rebuttal time, despite having wanted to do so, and must throw himself or herself on the mercy of the court to receive some extra time for rebuttal. "Assistant to the U.S. Solicitor General Joins Ropes & Gray to Lead Appellate and Supreme Court Practice": The Ropes & Gray law firm today issued a news release that begins, "Ropes & Gray today announced that Douglas Hallward-Driemeier has joined the firm as a partner in its Washington, D.C. office. Mr. Hallward-Driemeier, formerly an assistant to the Solicitor General of the United States, will lead the firm's Appellate and Supreme Court practice." Posted at 02:22 PM by Howard Bashman "Calif court: Jessica's Law needs more hearings." The Associated Press has a report that begins, " The California Supreme Court has ordered more investigation into whether the state's sexually violent predator law is constitutional. On Monday, a 5-2 court ruled that separate inquiries must be conducted into the claims of four registered sex offenders who allege they can't find a place to live because the voter-approved 'Jessica's Law' prohibits them from residing within 2,000 feet of schools, parks and other places where children congregate." You can access today's ruling of the Supreme Court of California at this link. And my preview of the ruling from last night can be accessed here. "D&D is DOA in prison ruling": David L. Hudson Jr. has this commentary online at the First Amendment Center. Posted at 12:24 PM by Howard Bashman "A Touch of Terror? Court looks at free speech vs. material support for terrorism." David G. Savage has this article in the February 2010 issue of ABA Journal magazine. Posted at 12:15 PM by Howard Bashman "An act of defiance that changed history": The Greensboro News & Record today contains an article that begins, "Fifty years ago, African Americans in Greensboro and across the South lived in a separate, but not necessarily equal, society. On Feb. 1, 1960, that started to change. That day, the wall of segregation that divided blacks and whites began to crumble. It happened on South Elm Street in Greensboro." Today's edition of USA Today contains a front page article headlined "How a demand for lunch fueled the push for rights; 50 years ago, sit-ins reignited a movement." The Charlotte Observer contains an article headlined "Because he sat down, everything changed; 50 years ago, Franklin McCain and 3 friends asked for coffee at a 'whites only' lunch counter in Greensboro." Yesterday's newspaper, meanwhile, contained an article headlined "New museum in Greensboro will tell the story of '60s sit-ins; Fifty years ago this week, a student movement against segregation began at a Woolworth store in Greensboro." The Fayetteville Observer reported yesterday that "Historic Woolworth store now houses civil right museum." The Winston-Salem Journal reported yesterday that "Civil-rights history preserved; Museum at former Woolworth building to open." The News & Observer of Raleigh, North Carolina reported yesterday that "Museum shows how sit-ins defeated segregation." Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Fifty Years Later, N.C. Sit-In Site Becomes Museum." Today in The New York Times, Howell Raines has an op-ed entitled "The Counter Revolution." And in yesterday's edition of The Los Angeles Times, Andrew B. Lewis had an op-ed entitled "The sit-ins that changed America: The civil rights movement was energized by these '60s-era protests." "Forces Pushing Obama on 'Don't Ask, Don't Tell'": The New York Times contains this article today. And today's edition of The Washington Post contains an editorial entitled "Repeal the military's 'don't ask, don't tell.'" "Sign a petition, disclose your name? The Supreme Court will decide whether petition signers have a constitutional right to have their names kept secret." This editorial appears today in The Los Angeles Times. Posted at 08:10 AM by Howard Bashman "Officials OKd Miranda warning for accused airline plotter; At least four U.S. agencies were involved in a decision to read Umar Farouk Abdulmutallab his rights, sources say, after it was clear that he had stopped sharing information": Richard A. Serrano and David G. Savage have this front page article today in The Los Angeles Times. Posted at 08:07 AM by Howard Bashman "Lawyers question Va. attorney general's role in private case": This article appears today in The Washington Post. Posted at 08:00 AM by Howard Bashman "Justice Alito's candid response to Obama's rebuke": Columnist E.J. Dionne Jr. has this op-ed today in The Washington Post. And Bloomberg News columnist Ann Woolner has an essay entitled "Obama, Alito Dis Each Other in Free Speech Brawl." "Lessons learned in Alexandria: Four years ago, 9/11 conspirator was tried in Virginia court." Kevin Johnson has this article today in USA Today. Today in The Wall Street Journal, Naftali Bendavid and Jess Bravin report that "Republicans Step Up Protests of Civilian Terror Trials." And The Washington Post contains an editorial entitled "Government retreating on civilian trial for accused terrorist." 
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