How Appealing

Thursday, March 01, 2007

Programming note: I'll be away from the computer for a bit this afternoon. Additional posts will appear later today.
Posted at 01:00 PM by Howard Bashman

"Lowering our standards of probable cause to permit government intrusion into private residences based solely on proof of mere transmittal of unsolicited email constitutes an unwarranted erosion of the Fourth Amendment." So writes Circuit Judge Sidney R. Thomas dissenting from today's ruling of the U.S. Court of Appeals for the Ninth Circuit in a child pornography case.

Today's ruling overturns a federal district court's decision that had suppressed the results of the search of the email recipient's home. Circuit Judge Pamela Ann Rymer wrote the majority opinion, in which retired Justice Sandra Day O'Connor joined.
Posted at 12:50 PM by Howard Bashman

"Incest law ruled valid in local case": The Canton Repository today contains an article that begins, "Sex between a stepparent and stepchild is illegal, even when it involves consenting adults, the Ohio Supreme Court said Wednesday."

And The Columbus Dispatch reports today that "Anti-incest ruling upheld despite no blood relation."

You can access yesterday's ruling of the Supreme Court of Ohio at this link. My earlier coverage appears here.
Posted at 08:55 AM by Howard Bashman

"U.S. Judge Finds Padilla Competent to Face Trial": This article appears today in The New York Times, which also contains an editorial entitled "The Jose Padilla Trial."

The Washington Post reports today that "Judge Rules Padilla Is Competent to Stand Trial; Accused Combatant Alleges Mistreatment."

The Los Angeles Times reports that "Padilla ruled fit for terror trial; In a victory for the government, his judge says the defendant has proven himself mentally competent."

USA Today reports that "Terror suspect Padilla ruled fit to stand trial; Judge: Decision doesn't address abuse claims."

The Miami Herald reports that "Judge rules Padilla fit for trial; A federal judge in Miami found terror defendant Jose Padilla psychologically fit to stand trial this spring."

And The South Florida Sun-Sentinel reports that "Padilla mentally fit to stand trial in terror case, U.S. judge in Miami says."
Posted at 08:44 AM by Howard Bashman

"Supreme Court hears arguments in faith-based initiative case; The justices seem split on whether to allow a challenge to Bush's plan on 1st Amendment grounds": David G. Savage has this article today in The Los Angeles Times.

The Chicago Tribune reports today that "Faith-based case divides justices."

The Boston Globe reports that "High court hears case of faith-based funding; Atheists argue for the right to sue government."

And The Yale Daily News reports that "Court hears YLS case; Clinic given trial run in Supreme Court."
Posted at 08:30 AM by Howard Bashman

"U.S. Blasted for Treatment of Detainees": The Associated Press provides a report that begins, "The U.N. human rights chief expressed concern Wednesday at recent U.S. legislative and judicial actions that she said leave hundreds of detainees without any way to challenge their indefinite imprisonment."
Posted at 08:23 AM by Howard Bashman

"Report to suggest exploring different execution options": The St. Petersburg Times today contains an article that begins, "The commission studying Florida's lethal injection procedures will recommend that state officials review if there is a better way to execute condemned inmates than the three-drug cocktail used now."

And The Gainesville Sun today contains articles headlined "Crist to decide on use of lethal injection drug" and "Executioners' qualifications still in doubt."
Posted at 08:20 AM by Howard Bashman

"Bill Introduced to Ban 'Don't Ask, Don't Tell'; HLS will continue to allow recruiters on campus whether or not ban passes": This article appears today in The Harvard Crimson.

And The Washington Times reports today that "'Don't Ask, Don't Tell' repeal eyed."
Posted at 08:10 AM by Howard Bashman

"Judge hits politics in choice of marshals; A rare rebuke from US bench": The Boston Globe today contains an article that begins, "A federal judge in Boston has blasted the US Marshals Service as a 'second rate' agency because it is headed by a patronage appointee, and called on Congress to 'professionalize' the law enforcement agency. Judge William G. Young, in an unusual addendum to a ruling in an employment discrimination case last week, went out of his way to criticize the way marshals are appointed throughout the country."

You can access last week's ruling of the U.S. District Court for the District of Massachusetts at this link.
Posted at 08:05 AM by Howard Bashman

"Fired U.S. Attorney Says Lawmakers Pressured Him": The Washington Post contains this article today.

The New York Times reports today that "Ex-Prosecutor Says Politics Was Motive for Dismissal."

And The Albuquerque Tribune reports that "Wilson, Domenici won't answer questions about U.S. attorney's firing."
Posted at 07:58 AM by Howard Bashman

"Libby Jury Hits Short-Term Snag on Sixth Day": This article appears today in The Washington Post.

The Los Angeles Times reports today that "Libby jury asks judge about 1 charge; The panel retracts its question about standards for guilt after the judge responds with his own note seeking clarification."

And The Washington Times reports that "Libby jurors answer own question."
Posted at 07:54 AM by Howard Bashman

"High court case tests limits of student speech rights; Key question: Have efforts to keep order in schools gone too far?" Joan Biskupic has this front page article today in USA Today.
Posted at 07:40 AM by Howard Bashman

"Veiled Truth: Judges believe that they can tell when people are lying just by looking at their faces; poker players know better." Law Professor Steven Lubet has this essay in the March 2007 issue of The American Lawyer.
Posted at 07:33 AM by Howard Bashman

"The Supreme Court Decides Whether Taxpayers Can Sue to Challenge the Constitutionality of the Use of Funds for President Bush's Faith-Based Initiatives": Rodger Citron has this essay online today at FindLaw.
Posted at 06:48 AM by Howard Bashman

Wednesday, February 28, 2007

"Anti-incest law applies even to adult stepchildren": The Columbus Dispatch provides a news update that begins, "Ohio families suffer when a stepfather has sex with his adult stepdaughter, even if she gives consent, the state Supreme Court ruled today. In a 6-1 decision, justices said the state's anti-incest law applies even when there is no blood relationship and both parties are consenting adults. But the case could be headed to the U.S. Supreme Court based on a ruling four years ago that overturned a Texas ban on gay sex between consenting adults."

You can access today's ruling of the Supreme Court of Ohio at this link. And the court issued a related news release headlined "Law Barring Consensual Sex Between Stepfather and Adult Stepdaughter Upheld as Constitutional."
Posted at 11:14 PM by Howard Bashman

"Court Hears Arguments Linking Right to Sue and Spending on Religion": Linda Greenhouse will have this article Thursday in The New York Times.

In Thursday's edition of The Washington Post, Robert Barnes will report that "Justices Weigh Right to Sue Over Church-State Separation."

In Thursday's edition of USA Today, Joan Biskupic will report that "Court leery of suits by taxpayers."

Thursday's edition of The Milwaukee Journal Sentinel will report that "High court takes on faith-based initiatives; Wisconsin woman leads charge against Bush programs."

Patti Waldmeir of Financial Times reports that "Supreme court to rule on aid for religious charities."

The Chicago Tribune provides a news update headlined "Faith-based plan challenge heard by Supreme Court."

And last Sunday, The Wisconsin State Journal previewed the oral argument in an article headlined "Atheists on the case."
Posted at 10:35 PM by Howard Bashman

"Court clears way for Bahama burial for Anna Nicole": The Los Angeles Times provides a news update that begins, "A three-judge Florida court today rejected an appeal from Anna Nicole Smith's mother and cleared the way for the former reality television star to be buried in the Bahamas, perhaps as soon as this week."
Posted at 08:50 PM by Howard Bashman

"Padilla Ruled Fit for Trial on Terror Charges": The New York Times provides this news update.
Posted at 08:45 PM by Howard Bashman

"Best Selling Author Speculates on Justice Ginsburg Health, Possible Court Vacancy; Describes her As 'Not a Justice Ginsburg that I have seen before'": The organization Fidelis has today posted online this podcast interview [34MB mp3 file] with ABC News correspondent Jan Crawford Greenburg.
Posted at 08:33 PM by Howard Bashman

"Bagel Breakfast: The Supreme Court looks at the president's faith-based community programs." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 08:22 PM by Howard Bashman

"Supreme Court Hears Arguments on Special Education, Police Rights": This segment (transcript with links to audio and video) featuring Marcia Coyle of The National Law Journal appeared on yesterday's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 07:15 PM by Howard Bashman

"Faith & frailty": Jan Crawford Greenburg has this interesting post today at her "Legalities" blog.
Posted at 07:08 PM by Howard Bashman

"Supreme Court: 2004 access-to-accuser ruling not applied retroactively; The decision not to apply the watershed ruling to past cases has the potential to shut out thousands": Warren Richey will have this article Thursday in The Christian Science Monitor.
Posted at 06:03 PM by Howard Bashman

"High Court Questions Challenge to Bush Faith-Based Initiative": Greg Stohr of Bloomberg News provides this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Analysis: 'Flast' lives, but in what form?"
Posted at 05:55 PM by Howard Bashman

"Part II of Confirm Them's three-part Q&A session with Jan Crawford Greenburg": Available online at this link.
Posted at 05:52 PM by Howard Bashman

"Attorney Says He Was Pressured on Corruption Probe": The Washington Post provides a news update that begins, "The fired U.S. attorney in New Mexico says he was pressured by two members of Congress prior to the November elections about the pace of an ongoing public corruption probe that targets local Democrats."
Posted at 05:10 PM by Howard Bashman

"Fla. Court Upholds Smith Burial Ruling": The AP provides a report that begins, "A Florida appeals court Wednesday upheld a judge's ruling that allowed Anna Nicole Smith to be buried in the Bahamas, agreeing evidence supports that's what the former Playboy Playmate wanted."
Posted at 05:04 PM by Howard Bashman

"Judge: Padilla Competent for Trial." The Associated Press provides a report that begins, "A federal judge ruled Wednesday that suspected al-Qaida operative Jose Padilla is competent to stand trial on terrorism support charges, rejecting arguments that he was severely damaged by 3 1/2 years of interrogation and isolation in a military brig."
Posted at 05:02 PM by Howard Bashman

"High Court Weighs Faith-Based Initiatives": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 05:00 PM by Howard Bashman

"Supreme Court Debates Lawsuit Against White House's Faith-Based Initiative": law.com's Tony Mauro provides this news update.
Posted at 04:45 PM by Howard Bashman

"Lawsuit Raises Questions About Putdown": The Associated Press provides a report that begins, "When a few classmates razzed Rebeka Rice about her Mormon upbringing with questions such as, 'Do you have 10 moms?' she shot back: 'That's so gay.' Those three words landed the high school freshman in the principal's office and resulted in a lawsuit that raises this question: When do playground insults used every day all over America cross the line into hate speech that must be stamped out?"
Posted at 03:35 PM by Howard Bashman

"Supreme Court hears defense of faith-based initiative": David G. Savage of The Los Angeles Times provides this news update.
Posted at 03:30 PM by Howard Bashman

Access online today's U.S. Supreme Court oral argument transcript in Hein v. Freedom From Religion Foundation, Inc., No. 06-157: The transcript is available online at this link.
Posted at 02:48 PM by Howard Bashman

"Judge Questions Padilla's Cooperation": The Associated Press provides a report that begins, "A federal judge who must decide whether alleged al-Qaida operative Jose Padilla is mentally fit for trial said Wednesday that the former Chicago gang member hasn't behaved strangely but may not be cooperating with his attorneys."
Posted at 01:33 PM by Howard Bashman

"Political interference alleged in sacking of a U.S. attorney": McClatchy Newspapers provide a report that begins, "The U.S. attorney from New Mexico who was recently fired by the Bush administration said Wednesday that he believes he was forced out because he refused to rush an indictment in an ongoing probe of local Democrats a month before November's Congressional elections."
Posted at 01:30 PM by Howard Bashman

"Inside Bush's prosecutor purge: Why has the administration fired U.S. attorneys with sterling track records? To make room for its political loyalists, critics say, and exert its last shred of control." Mark Follman has this essay today at Salon.com.
Posted at 01:03 PM by Howard Bashman

"High Court Mulls Faith-Based Case's Merit": The Associated Press provides this report.
Posted at 12:57 PM by Howard Bashman

Eighth Circuit's wacky "federal officer" removal holding in earlier case involving the marketing of light cigarettes won't benefit R.J. Reynolds Tobacco Company, which waited too long to assert that ground for removal in a similar case filed in Minnesota state court: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link.

This basis for removing to federal court cases involving the marketing of light cigarettes may prove to be fleeting, as the U.S. Supreme Court last month granted certiorari to review the correctness of the Eighth Circuit's initial ruling endorsing this basis for removal.
Posted at 11:50 AM by Howard Bashman

"Court Won't Apply Rule to Molester Case": The Associated Press provides a report that begins, "The Supreme Court unanimously reinstated a Nevada child molester's conviction Wednesday in a decision that continued the justices' refusal to apply recent rulings on criminal procedure to older cases."
Posted at 11:10 AM by Howard Bashman

Access online today's U.S. Supreme Court ruling in Whorton v. Bockting, No. 05-595: The Court has posted at this link a copy of the ruling.

Justice Samuel A. Alito, Jr. delivered the opinion on behalf of a unanimous Court, holding that "Crawford announced a 'new rule' of criminal procedure and that this rule does not fall within the Teague exception for watershed rules."
Posted at 10:22 AM by Howard Bashman

"Suit demands details on secret court's wiretap ruling; Group seeks to learn if program requires individual warrants": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A privacy rights group sued the Justice Department on Tuesday to try to pry loose a ruling by a secret court that the Bush administration says approved its clandestine wiretapping program."

Yesterday, the Electronic Frontier Foundation issued a press release entitled "EFF Lawsuit Seeks Release of Secret Court Orders on Electronic Surveillance; Justice Department Withholds Records About Purported Changes to Program." A copy of the complaint initiating suit can be accessed here.
Posted at 10:18 AM by Howard Bashman

"Crawford ruling not retroactive": Lyle Denniston at "SCOTUSblog" has a post that begins, "The Supreme Court ruled unanimously on Wednesday that its major ruling on the Confrontation Clause in Crawford v. Washington is not to be applied retroactively, to cases that were final before that rulinig came down on March 8, 2004."
Posted at 10:11 AM by Howard Bashman

"She swears the Constitution is on her side; A Riverside woman, cited over foul language at John Wayne Airport, says the law is vague and stifles free speech": This article appears today in The Los Angeles Times.
Posted at 08:50 AM by Howard Bashman

"Guantanamo court complex rejected; The Defense secretary says the $102-million project proposed by the Pentagon is not needed for detainee trials": The Los Angeles Times contains this article today.
Posted at 08:47 AM by Howard Bashman

"Aspects of Padilla's treatment confirmed; A brig official confirms that the terrorism suspect had no timepiece or natural light -- and sometimes no light at all": This article appears today in The Los Angeles Times.
Posted at 08:45 AM by Howard Bashman

"Canadian Parliament Decides to Let 2 Measures Passed After 9/11 Expire": The New York Times contains this article today.

The Toronto Globe and Mail today contains an article headlined "Terror vote fails as Dion reins in Liberals; Conservative bid to renew measures voted down 159-124" and a news analysis headlined "What's changed in five years? With the shock of 9/11 faded, anti-terrorism measures stir skepticism."

And The Toronto Star reports that "Opposition votes down 2 terror law provisions; In 159-124 vote, police powers expire, despite pleas of families of 9/11 victims."
Posted at 08:44 AM by Howard Bashman

"Nichols used friend to learn layout of jail; In telephone records that prosecutors plan to use at trial, suspect in courthouse slayings asks a female visitor for details of Fulton jail's exterior": This article appears today in The Atlanta Journal-Constitution.
Posted at 08:33 AM by Howard Bashman

Once "not qualified," now she's "qualified": The Hartford Courant today contains an article headlined "Opinion Reversed: Judge Is Qualified; Bar Association Raises State Nominee's Rating" that begins, "The influential judicial screening committee of the American Bar Association has reversed itself on the nomination of Superior Court Judge Vanessa L. Bryant to the federal bench, concluding that the judge it found not qualified a year ago is now qualified."
Posted at 08:10 AM by Howard Bashman

"The politics of drug sentencing": Today in The Boston Globe, columnist Derrick Z. Jackson has an op-ed that begins, "There was a curious footnote to last week's Supreme Court oral arguments over criminal sentencing guidelines."
Posted at 08:05 AM by Howard Bashman

"Church-state question before justices; Issue is when programs can be challenged": Joan Biskupic has this article today in USA Today.

And The Associated Press reports that "High Court to Tackle Faith-Based Issue."
Posted at 08:00 AM by Howard Bashman

"New Light Shed on CIA's 'Black Site' Prisons": The Washington Post contains this front page article today.
Posted at 07:58 AM by Howard Bashman

"Bill targets 'don't ask, don't tell'; Medical personnel among dismissed servicemembers": This article appears today in USA Today.
Posted at 07:40 AM by Howard Bashman

"New battle over the Great Writ": Lyle Denniston has this post at "SCOTUSblog."
Posted at 06:48 AM by Howard Bashman

"A Federal Appeals Court Upholds the Jurisdiction-Stripping Provisions of the Military Commissions Act of 2006, But Overlooks the Possibility of an Evolving Conception of Habeas Corpus": Michael C. Dorf has this essay online today at FindLaw.
Posted at 06:47 AM by Howard Bashman

Tuesday, February 27, 2007

"Government by Law, Not Faith": The New York Times on Wednesday will contain an editorial that begins, "The Supreme Court hears arguments today in a case that could have a broad impact on whether the courthouse door remains open to ordinary Americans who believe that the government is undermining the separation of church and state."
Posted at 11:25 PM by Howard Bashman

"Court to rule on Smith's remains Wednesday": The Palm Beach Post provides a news update that begins, "An appeals court has scheduled 40 minutes of oral arguments from attorneys for Anna Nicole Smith's mother, her companion and a guardian for her infant daughter for Wednesday morning, after which it is expected to rule on whether the remains of the blonde bombshell will be buried in the Bahamas or in Texas."
Posted at 11:17 PM by Howard Bashman

"Jailers Testify About Padilla's Confinement": This article will appear Wednesday in The New York Times.

The Washington Post on Wednesday will report that "Padilla Was Deprived, Not Abused, Court Told."

USA Today on Wednesday will report that "Brig officials offer look at Padilla's detention."

And BBC News provides a report headlined "Padilla has 'no mental problems'; Jose Padilla was arrested at Chicago airport in May 2002; Jail officials say that a US citizen suspected of being an al-Qaeda conspirator displays no serious symptoms of mental problems."
Posted at 11:12 PM by Howard Bashman

"Justices Hear Arguments on Autism-Case Dispute": Linda Greenhouse will have this article Wednesday in The New York Times.
Posted at 11:02 PM by Howard Bashman

"Long Island grandmother sues for right to visit grandchild": The Associated Press provides a report that begins, "A wealthy woman, following a related and favorable state Court of Appeals ruling this month, asked a court Tuesday to order her daughter and son-in-law to let her visit her only grandchild."
Posted at 10:52 PM by Howard Bashman

"PhD student sues over citation for swearing at airport": The Los Angeles Times provides a news update that begins, "If 'Snakes on a Plane' ever films a sequel at John Wayne Airport, actor Samuel L. Jackson better watch his tongue -- unless a potty-mouthed dance student wins a free speech lawsuit filed against Orange County this month."
Posted at 10:00 PM by Howard Bashman

"'Struck by lightning' 3 times over; Northwestern places 3 grads at one time in prestigious Supreme Court clerkships for only 2nd time ever": This article appears today in The Chicago Tribune.
Posted at 09:00 PM by Howard Bashman

"Judge says local suspect will stand trial for sodomy": The Bay City Times on Saturday contained an article that begins, "Bay County Circuit Judge Joseph K. Sheeran ruled Friday that even though Michigan law does not explicitly define sex with a dead dog as a crime, charges against a Saginaw man will stand."

And last Wednesday, that newspaper previewed the ruling in an article headlined "Judge plans to rule Friday on Bay County dead-dog sodomy case."
Posted at 07:40 PM by Howard Bashman

"Overruling Roe v. Wade: A Post in Three Parts. Part I: Who’s Afraid of John Roberts?" Jessie Hill has this post today at "PrawfsBlawg."
Posted at 07:35 PM by Howard Bashman

"Abuseless: The Padilla case proves the futility of mistreating prisoners." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 07:32 PM by Howard Bashman

"High court to revisit primary-election politics": Tony Mauro has this news analysis online today at the First Amendment Center.
Posted at 07:30 PM by Howard Bashman

"Supreme Court takes up church-state case; A Wisconsin group says the president's faith-based initiative is illegal; But can taxpayers sue the government over funding?" Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 07:28 PM by Howard Bashman

"Supreme Reality: High Court and low politics." Thomas Sowell has this essay today at National Review Online.
Posted at 05:40 PM by Howard Bashman

"Judge: U.S. Can Deny Funds to AIDS Group." The Associated Press provides a report that begins, "A federal appeals court ruled Tuesday that the Bush administration can deny funding to nonprofit AIDS groups that don't publicly disavow prostitution and sex trafficking."

My earlier coverage appears at this link.
Posted at 03:50 PM by Howard Bashman

Today's Fourth Circuit rulings of note: 1. Apparently anyone who wishes to register a ".us" domain name must publicly disclose information that would not have to be publicly disclosed in registering a ".com" domain name. In a ruling issued today, the Fourth Circuit dismissed for lack of standing a First Amendment challenge to the disclosure requirement.

2. Today's second ruling of note reveals the sad truth that your post-auto accident new best friend who wants to take you water skiing, jet skiing, riding horses, and enjoying amusement park rides may in actuality be a private investigator hired by the insurance company that's contesting the severity of the injuries you claim to have sustained in the accident. Even worse, if you obtain a judgment against the private investigator for fraud, intentional and negligent infliction of emotional distress, and unfair and deceptive trade practices, causing the PI to file for bankruptcy, the judgment you recover on those claims remains dischargeable in bankruptcy notwithstanding the fraud exception.
Posted at 03:45 PM by Howard Bashman

"Twist of Feet": At "The BLT: The Blog of Legal Times," Tony Mauro has this post explaining why Justice Stephen G. Breyer was seen "walking with a cane Tuesday as he left the bench."
Posted at 03:37 PM by Howard Bashman

Access online the transcript of today's U.S. Supreme Court oral argument in Winkelman v. Parma City School Distr., No. 05-983: You can access the transcript at this link.
Posted at 03:18 PM by Howard Bashman

Second Circuit affirms dismissal of lawsuit challenging Port Washington, New York public high school's policy to report student pregnancies to the principal, the superintendent, and the student's parents: Today's ruling agrees with the district court that the challengers to the policy lack standing.
Posted at 03:15 PM by Howard Bashman

"Litigation is costly enough without judges' making it more so by throwing open the door to defamation suits against expert witnesses." A neurosurgeon victorious in defense of a malpractice lawsuit decided to turn the tables and sue for defamation the neurosurgeon who served as the plaintiff's expert witness in the earlier lawsuit. The U.S. Court of Appeals for the Seventh Circuit today issued this decision affirming the dismissal of the second lawsuit. Circuit Judge Richard A. Posner wrote the opinion on behalf of a unanimous three-judge panel.
Posted at 02:35 PM by Howard Bashman

Lyle Denniston is reporting: At "SCOTUSblog," he has posts titled "Detainees seek quick Court ruling" and "Establishment Clause redux: Argument 2/28/07."
Posted at 02:30 PM by Howard Bashman

"Lawyer Argues for Parents' Right to Sue": The Associated Press provides a report that begins, "Parents should not be forced to hire a lawyer to sue public school districts in federal court over the special education needs of their children, the lawyer for parents of an autistic child told the Supreme Court Tuesday."

And at WSJ.com's "Law Blog," Ben Winograd has a related post titled "Young Lawyer Jumps Off the Goldstein Track, For Now."
Posted at 02:20 PM by Howard Bashman

In today's mail: The 2007 edition of The Green Bag Almanac & Reader. You can view excerpts from the 2006 edition by clicking here. And a press release announcing The Green Bag's exemplary legal writing honorees for 2006, whose work is featured in the 2007 edition, can be accessed here.
Posted at 11:35 AM by Howard Bashman

"The Case For A National Security Court": In this week's issue of National Journal, columnist Stuart Taylor Jr. has an essay that begins, "A front-page, February 20 federal appeals court decision moved another big 'enemy combatant' case down the road toward an eventual Supreme Court decision, probably in June 2008. But the outcome, like the current situation, will be unsatisfactory no matter how the justices rule."
Posted at 11:10 AM by Howard Bashman

"Judge sinks City bid to cap ferry payout; Liability may hit billions": The New York Post today contains an article that begins, "In a ruling that could potentially cost the city billions, a federal judge yesterday refused to limit liability claims in the 2003 Staten Island Ferry crash that killed 11 people."

The New York Times reports today that "Judge Rejects Cap on Awards in Ferry Crash."

The Staten Island Advance contains articles headlined "No limit on awards for victims in ferry crash; Judge rejects city attempt to cap liability in accident; millions in damages likely" and "For families, ruling soothes the pain, a little."

And The New York Daily News contains an article headlined "S.I. ferry victims in Mike plea."

You can access yesterday's ruling of the U.S. District Court for the Eastern District of New York at this link.
Posted at 11:05 AM by Howard Bashman

"Court Declares Bosnia Killings Were Genocide": This article appears today in The New York Times, along with an article headlined "Bosnian Muslims View Ruling as Another Defeat."

And The Toronto Globe and Mail reports today that "Genocide ruling angers Bosnian Muslims; Serbia not directly responsible for slaughter but failed to prevent it, world court says."

You can access yesterday's ruling of the International Court of Justice at this link.
Posted at 10:55 AM by Howard Bashman

Condition that recipients of aid from the U.S. government for HIV/AIDS relief efforts worldwide have a policy opposing prostitution and sex trafficking does not violate the First Amendment rights of those aid recipients: A unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued this ruling today.
Posted at 10:22 AM by Howard Bashman

"Ruling may constrain researchers; State high court says journalists and scholars can be held liable for privacy invasion if they misrepresent themselves to obtain information": Maura Dolan has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Top state court rules in key privacy case."

And David Kravets of The Associated Press reports that "Justices OK lawsuit against researcher accused of privacy breach."

You can access yesterday's ruling of the Supreme Court of California at this link.
Posted at 08:32 AM by Howard Bashman

"Free speech: more important than eating your spinach; Free expression is under attack by vegetables and the California legislators who eat them." This editorial appears today in The Los Angeles Times.
Posted at 08:17 AM by Howard Bashman

"Judge Dismisses Juror in Libby Trial": Neil A. Lewis has this article today in The New York Times.

The Washington Post reports today that "Juror Is Dismissed From Libby Trial; She Got Information Outside Court; Panel of 11 to Continue."

The Los Angeles Times reports that "Libby juror dismissed; panel of 11 continues deliberations; The woman was exposed to information about the trial of Dick Cheney's former chief of staff."

In The New York Sun, Josh Gerstein reports that "Libby Juror Dismissed From Case."

And USA Today reports that "Deliberations in Libby trial proceed with only 11 jurors."
Posted at 08:15 AM by Howard Bashman

"Psychologist: Padilla fit for trial." This article appears today in The South Florida Sun-Sentinel.

And The Los Angeles Times reports today that "Padilla prosecutors can't cite purported terror manual; It advises behavior shown by the terror suspect, they argued; But the judge in his competency hearing rejects it as evidence."
Posted at 08:07 AM by Howard Bashman

"Testing the line between despotism and a free society": Today in The Boston Globe, columnist Scot Lehigh has an op-ed that begins, "Habeas corpus is now headed back to the US Supreme Court, in a case that will prove a fundamental test of US justice."
Posted at 07:58 AM by Howard Bashman

"High Court to Hear Case for Autistic Boy": The Associated Press provides this report.
Posted at 07:45 AM by Howard Bashman

"Director of 'Sex, Lies and Videotape' Is Cut From Real Role as Sex-Trial Juror": This article appears today in The New York Times.
Posted at 07:44 AM by Howard Bashman

"Canada's Move to Restore Rights": The New York Times today contains an editorial that begins, "The United States was not the only country to respond to the horror of the Sept. 11 terrorist attacks with policies that went much too far in curtailing basic rights and civil liberties in the name of public safety."
Posted at 07:40 AM by Howard Bashman

"Justices mull liability in police chase; The Supreme Court seems likely to shield officers if they ram a speeding car off a road to protect the public": David G. Savage has this article today in The Los Angeles Times.

Today in The Washington Post, Robert Barnes reports that "Justices Weigh Police Chase Video; Tape Is at Heart of '01 Crash That Left Fleeing Suspect Paralyzed."

In USA Today, Joan Biskupic has an article headlined "High court case could change car-chase rules; Issue: What can police rightly do?"

And The Atlanta Journal-Constitution reports that "Police rules of pursuit scrutinized in 2 cases."
Posted at 06:40 AM by Howard Bashman

"License to speak: 'Choose Life' plates promote adoptions, spur healthy debate." Tom Brejcha has this op-ed today in USA Today, which also contains a related editorial entitled "Put messages on bumper stickers, not license plates; Plates started as vehicle IDs; it's a good place to finish."
Posted at 06:35 AM by Howard Bashman

"The Supreme Court's Decision to Overturn a $79.5 Punitive Damages Verdict Against Philip Morris: A Big Win, But One With Implications That May Trouble Corporate America." Anthony J. Sebok has this essay online today at FindLaw.
Posted at 06:30 AM by Howard Bashman

Monday, February 26, 2007

"High Court Could Rescue Disabled Pupils; 9 Take N.Y. Tuition Reimbursement Case": Joseph Goldstein will have this article Tuesday in The New York Sun.
Posted at 11:35 PM by Howard Bashman

Linda Greenhouse is reporting: Tuesday in The New York Times, she will have articles headlined "Justices Take Up Police Use of Lethal Force" and "Justices Decline Case on 200-Year Sentence for Man Who Possessed Child Pornography."
Posted at 11:32 PM by Howard Bashman

"Appeals court upholds state's stem cell initiative": Bob Egelko has a news update that begins, "California's $3 billion stem cell initiative was upheld today by a state appeals court, a major step toward funding research that the voters approved in 2004. The First District Court of Appeal in San Francisco rejected claims by opponents of embryonic stem cell research that the agency established to distribute the money suffers from built-in conflicts of interest and lacks meaningful control by the state."

Tuesday's edition of USA Today will report that "Court upholds Calif. stem cell agency."

David Kravets of The Associated Press reports that "Appeals court upholds California stem cell agency."

And Reuters reports that "Court backs $3 billion California stem cell plan."

You can access today's ruling of the California Court of Appeal for the First Appellate District, Division Three, at this link.
Posted at 11:25 PM by Howard Bashman

"Supreme Court weighs police action in 100 mph chase": CNN.com provides this report.
Posted at 10:48 PM by Howard Bashman

"Justices Enter Church-State Fray; Challenge to President Bush's faith-based initiative raises standing issues": Marcia Coyle has this article (free access) in this week's issue of The National Law Journal.
Posted at 10:44 PM by Howard Bashman

"Underwood/Aguon team hires D.C. attorney Paul Smith to push election petition": The Pacific Daily News of Guam provides a news update that begins, "Democratic gubernatorial candidate Robert Underwood and running mate Frank Aguon, Jr., this morning announced the name of the attorney and law firm that will be bringing their election petition to the U.S. Supreme Court."
Posted at 10:28 PM by Howard Bashman

"Detention solution found wanting in Britain; Suggested fix blasted by lawyers who tried to make it work": The Toronto Globe and Mail today contains an article that begins, "The British fix proposed by the Supreme Court of Canada to deal with rights violations in immigration security detention orders has been branded inadequate and unworkable by British lawyers who tried to make the model work."
Posted at 07:44 PM by Howard Bashman

"Hatfill Settles Libel Suit": Josh Gerstein of The New York Sun provides a news update that begins, "A former Army scientist named by investigators as a 'person of interest' in the 2001 anthrax attacks, Dr. Steven Hatfill, has settled his $10 million libel suit against Vanity Fair and Reader's Digest after the two magazines agreed to retract any implication that the bioweapons specialist was behind the deadly anthrax mailings."
Posted at 07:28 PM by Howard Bashman

"N.Y. Can't Limit Ferry Crash Damages, Judge Says": The New York Times provides a news update that begins, "A federal judge today rejected New York City's attempt to use an obscure 19th-century maritime law to cap its liability in the 2003 crash of the Staten Island Ferry at $14 million."

You can access today's ruling of the U.S. District Court for the Eastern District of New York at this link.
Posted at 07:24 PM by Howard Bashman

"Libby Juror Dismissed Over Media Exposure": The New York Times provides this news update.

And The Washington Post provides a news update headlined "Juror Dismissed in CIA Leak Trial; Presiding Judge Says Jury Will Continue Deliberations in the Case."
Posted at 07:14 PM by Howard Bashman

"Court ponders police chase liability": David G. Savage of The Los Angeles Times provides this news update.
Posted at 07:08 PM by Howard Bashman

"Supreme Court declines polygamy case; The husband of three wives claimed the court's landmark ruling on gays applies to polygamists": Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 06:05 PM by Howard Bashman

"Speaker's Senior Counsel Exudes Experience; Joseph Onek Brings Insider's Resume to Aide Pelosi in Possible 'Legal Arms Race'": Lawrence Hurley has this interesting article today in The Daily Journal of California.
Posted at 05:50 PM by Howard Bashman

"Prison Doc: Terror Suspect OK for Trial." The Associated Press provides a report that begins, "Alleged al-Qaida operative Jose Padilla has mild anxiety and personality disorders but is mentally able to stand trial, a prison psychologist said Monday in testimony that contradicted two defense experts."
Posted at 05:40 PM by Howard Bashman

"Ideological Drift among Supreme Court Justices: Who, When, and How Important?" Professors Lee Epstein, Andrew D. Martin, Kevin M. Quinn, and Jeffrey A. Segal will have this article forthcoming in the Northwestern University Law Review.
Posted at 05:00 PM by Howard Bashman

"Justices View Chase Video in Police Case": The AP provides this report.
Posted at 04:45 PM by Howard Bashman

"Court Allows Challenge From Smith's Mom" The Associated Press provides a report that begins, "A Florida appeals court issued a stay Monday in the dispute over Anna Nicole Smith's body, ruling that her remains cannot be moved to the Bahamas until the judges hear a challenge from the starlet's estranged mother."

Earlier today, The Miami Herald provided a news update headlined "Anna Nicole's mom files appeal." The newspaper also posted online this emergency motion, filed in the Florida state appellate court, to stay enforcement of the trial court's order.
Posted at 04:30 PM by Howard Bashman

"Chase Video Steals Show as High Court Hears Case on Police Force": law.com's Tony Mauro provides this news update.
Posted at 04:22 PM by Howard Bashman

"Part I of Confirm Them's three-part Q&A session with Jan Crawford Greenburg": The blog "Confirm Them" provides this post.
Posted at 04:07 PM by Howard Bashman

"We Read the ICJ's Genocide Judgment So You Don't Have To": Julian Ku has this post today at "Opinio Juris." You can access the ruling directly at this link.
Posted at 03:40 PM by Howard Bashman

"Dash cam's 100-mph chase got justices' eyes": CNN provided this video preview of one of the cases argued today at the U.S. Supreme Court.
Posted at 03:27 PM by Howard Bashman

Today's U.S. Supreme Court oral argument transcripts: The transcript in the first case argued today, EC Term of Years Trust v. United States, No. 05-1541, can be accessed here.

And the transcript in the second case argued today, the high-speed police chase case known as Scott v. Harris, No.05-1631, can be accessed here.
Posted at 03:17 PM by Howard Bashman

Quotes from your internet sex chats in a published federal appellate court's opinion: If you're an adult using the internet to "knowingly attempt to persuade, induce, entice or coerce a minor to engage in criminal sexual activity" in violation of federal law, it could happen to you, especially if the minor is in fact a federal law enforcement officer pretending to be a minor. The U.S. Court of Appeals for the Eleventh Circuit issued this decision today.
Posted at 03:12 PM by Howard Bashman

"High Court Refuses Guard Slayings Case": The Associated Press provides this report.
Posted at 01:54 PM by Howard Bashman

"No consensus on high-speed chases": Lyle Denniston has this post at "SCOTUSblog."
Posted at 01:50 PM by Howard Bashman

"Supreme Court to Hear Washington's Appeal of Ninth Circuit Decision Striking Down Its Top Two Primary": Law Professor Rick Hasen has this post at his "Election Law" blog.
Posted at 11:30 AM by Howard Bashman

"Court won't review 200-year child porn sentence": James Vicini of Reuters provides this report.

And The AP reports that "Court Refuses to Hear Child Porn Case."
Posted at 11:27 AM by Howard Bashman

The Associated Press is reporting: Now available online are articles headlined "Court to Review Wash. 'Top 2' Primaries"; "Court to Hear Special Ed Tuition Case"; and "Libby Jurors Questioned About Exposure."
Posted at 11:04 AM by Howard Bashman

Three-judge Sixth Circuit panel rejects "state-created danger" claim alleging that police should have removed a drunk driver from the road at an earler stop, before she later ran a red light, killing someone: You can access today's ruling at this link. Circuit Judge Jeffrey S. Sutton delivered the opinion of the court.
Posted at 10:58 AM by Howard Bashman

"Judge voids Illinois law barring Sudan investment": Reuters provides a report that begins, "An Illinois law barring state-backed investments in non-U.S. companies doing business in Sudan to protest genocide in the Darfur region was declared unconstitutional by a federal judge on Friday."

I have posted online at this link Friday's ruling of the U.S. District Court for the Northern District of Illinois.
Posted at 10:48 AM by Howard Bashman

"Affirmative action bans may boost Yale's diversity": The Yale Daily News today contains an article that begins, "Yale’s efforts to increase racial and socioeconomic diversity in the student body may get a small boost from an unusual source: voters in California, Michigan and, in 2008, potentially a handful of other states."
Posted at 10:28 AM by Howard Bashman

"Camp 6 at Guantanamo: Cleared men, harsh facility." James A. Cohen has this essay in today's issue of The National Law Journal.
Posted at 10:25 AM by Howard Bashman

"Smith's Mother Files Appeal to Burial": The Associated Press provides a report that begins, "Anna Nicole Smith's estranged mother asked an appeals court Monday to overturn a judge's decision over who controls where the starlet should be buried. Lawyers for Virgie Arthur want the 4th District Court of Appeal to reconsider Circuit Judge Larry Seidlin's tearful ruling Thursday that gave the attorney for the centerfold's infant daughter the right to decide the burial plans."
Posted at 10:20 AM by Howard Bashman

"Court to rule on primary elections": At "SCOTUSblog," Lyle Denniston has a post that begins, "The Supreme Court agreed on Monday to decide whether states may constitutionally open up their primary elections to voters of all parties, voting on a common ballot, if the candidates are identified on the ballot by party."

You can access today's Order List at this link.
Posted at 10:05 AM by Howard Bashman

"Chief Justice John Roberts talks about the role of the Chief Justice at the Northwestern University Law School in Chicago, Illinois": By clicking here, you can access online, on-demand this past Saturday's broadcast of C-SPAN's "America and the Courts."
Posted at 09:54 AM by Howard Bashman

"My Gitmo Vacation: A luxury junket to the heart of Bush's war on terrorism." Law Professor Jeffrey Rosen has this article (pass-through link) in the March 5, 2007 issue of The New Republic.
Posted at 09:50 AM by Howard Bashman

"Overly Punitive? The Supreme Court overturns a big tobacco verdict." This editorial appears today in The Washington Post.

And the new installment of my "On Appeal" essay for law.com is headlined "'Philip Morris' Punitives Ruling May Contain Silver Lining for Plaintiffs."
Posted at 07:25 AM by Howard Bashman

"Police Car Chase: Menace or Necessity? A review of police rights in high-speed chases goes to the Supreme Court." Jan Crawford Greenburg had this video segment on last night's broadcast of the ABC program World News Tonight. In addition, you can access a related written report at this link.
Posted at 07:24 AM by Howard Bashman

"Deliberations to Resume in CIA Leak Case": The Associated Press provides this report.
Posted at 07:03 AM by Howard Bashman

"Support for Hunger Strike Growing": The Washington Post today contains an article that begins, "A former Florida professor has not eaten for more than a month to protest prosecutors' efforts to make him cooperate with their investigation into whether a network of Herndon-based Muslim charities financed terrorist organizations. Sami al-Arian, 49, who has twice refused to testify before a federal grand jury in Alexandria, has lost more than 30 pounds and collapsed in jail from the effects of his water-only diet."
Posted at 06:55 AM by Howard Bashman

"Adding to Security but Multiplying the Fears": Adam Liptak has this "Sidebar" column (Times-Select temporary pass-through link) today in The New York Times.
Posted at 06:54 AM by Howard Bashman

"Why Have So Many U.S. Attorneys Been Fired? It Looks a Lot Like Politics." Adam Cohen has this Editorial Observer essay today in The New York Times.
Posted at 06:44 AM by Howard Bashman

Sunday, February 25, 2007

"A teen speeds. Police ram car. Who's at fault? Opposing sides say the ruling on an upcoming Supreme Court case might encourage dangerous driving -- or increased use of force." Warren Richey will have this article Monday in The Christian Science Monitor.
Posted at 05:11 PM by Howard Bashman

"Logic vs. nitpicking": The Pittsburgh Tribune-Review today contains an editorial that begins, "The Philip Morris case shows the allegedly best judges in the land shunning logic in favor of nitpicking."

And the brand new installment of my "On Appeal" column for law.com is headlined "'Philip Morris' Punitives Ruling May Contain Silver Lining for Plaintiffs."
Posted at 04:40 PM by Howard Bashman

"Justices uphold conviction for selling smut to a minor": This article appeared yesterday in The Salt Lake Tribune.

You can access Friday's ruling of the Supreme Court of Utah at this link.
Posted at 04:35 PM by Howard Bashman

"Legislature moves closer to abortion-ban agreement; 'This is as good as we will get this session,' committee chair says": The Clarion-Ledger of Jackson, Mississippi on Friday contained an article that begins, "A bill that would ban most abortions in Mississippi could be finalized as early as next week since a key Senate chairman said he probably will agree to changes the House made Thursday."
Posted at 04:22 PM by Howard Bashman

"Court considers reporter privilege; Attorney general, local newspapers support less restrictive guidelines": The Salt Lake Tribune today contains an article that begins, "Utah is one of only three states without a formal rule or law protecting news reporters from revealing their confidential sources. A Utah Supreme Court advisory committee has been working to change that. It has drafted a proposal to create a reporter's privilege in judicial proceedings, allowing journalists to protect the identity of confidential sources. But attorneys for local news organizations say journalists are better off without a rule than they would under the committee's proposal."
Posted at 04:05 PM by Howard Bashman

"Parma family's autism case goes before Supreme Court; Ruling will decide parental right to represent child": This article appears today in The Cleveland Plain Dealer.
Posted at 03:52 PM by Howard Bashman

"High-speed chase reaches Supreme Court": The Associated Press provides this report.
Posted at 03:50 PM by Howard Bashman

"Blogging prosecutors raise some eyebrows": The San Francisco Chronicle contains this article today.
Posted at 03:27 PM by Howard Bashman

"Review of lethal injection complete; A panel says the state can do better and will submit suggestions to Gov. Crist this week": This article appears today in The St. Petersburg Times.

And The Gainesville Sun reports today that "Lethal injection changes proposed."
Posted at 03:08 PM by Howard Bashman

"Decidedly unsexy Padilla no rival for Anna Nicole": Columnist Ana Menendez has this op-ed today in The Miami Herald.
Posted at 03:05 PM by Howard Bashman

"Facility Holding Terrorism Inmates Limits Communication": The Washington Post today contains an article that begins, "The Justice Department has quietly opened a new prison unit in Indiana that houses a hodgepodge of second-tier terrorism inmates, most of them Arab Muslims, whose ability to communicate with the outside world has been tightly restricted."
Posted at 02:15 PM by Howard Bashman

"Dismissed U.S. Attorneys Received Strong Evaluations": This article appears today in The New York Times.
Posted at 01:45 PM by Howard Bashman

"Court Urges Review of New York Judge's Immigration Cases That Are on Appeal": The New York Times today contains an article that begins, "In a move that immigration lawyers say is highly unusual, a federal appeals court has recommended that a Justice Department appeals board review all immigration cases still on appeal involving a judge who has been criticized as being hostile to people seeking asylum. The request came in a ruling on Wednesday by the United States Court of Appeals for the Second Circuit in Manhattan that struck down a decision by Judge Jeffrey S. Chase in the case of a Mauritania native who said he would be persecuted if he was returned to his home country."

You can access Wednesday's non-precedential ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:44 PM by Howard Bashman

"High-speed chases and the Constitution: Argument 2/26/07": Lyle Denniston has this post today at "SCOTUSblog."
Posted at 09:20 AM by Howard Bashman

"Alito’s speech gives hope that he seeks justice": Law Professor Susan Pace Hamill has this op-ed today in The Tuscaloosa News.
Posted at 09:05 AM by Howard Bashman

"Lights, camera, distraction?" Thursday in The Fort Worth Star Telegram, columnist Linda P. Campbell had an op-ed that begins, "Justice Anthony Kennedy didn't intend it, but in pleading with members of the Senate Judiciary Committee last week, he made the strongest argument yet to televise Supreme Court arguments."

And Cox Newspapers columnist Tom Teepen has an essay entitled "Time may be ripe for TV coverage."
Posted at 09:02 AM by Howard Bashman

"Ban on Prison Religious Program Challenged; U.S. Judge Ruled Evangelical Rehabilitation Effort in Iowa Is Unconstitutional": This article appears today in The Washington Post.
Posted at 09:00 AM by Howard Bashman

"The court's continuing challenge": Today in The Roanoke Times, columnist Tommy Denton has an op-ed that begins, "Chief Justice John Marshall contributed to the aggravation of at least one layer in the stomach lining of his cousin President Thomas Jefferson as a result of some of his Supreme Court rulings."
Posted at 08:57 AM by Howard Bashman

"Justice Thomas gives talk at law networking event": This article appears today in The Advocate of Baton Rouge, Louisiana.
Posted at 08:55 AM by Howard Bashman

Saturday, February 24, 2007

On this evening's broadcast of NPR's 'All Things Considered": The broadcast contained audio segments entitled "Federal Oversight of Little Rock Schools Ends" and "Mexican Truckers Gain More U.S. Access" (RealPlayer required).
Posted at 11:00 PM by Howard Bashman

"The Roberts Court, Taxpayers, and Religion": Law Professor Douglas W. Kmiec has this post at the "Talking Justice" blog.
Posted at 10:55 PM by Howard Bashman

"Retirement funds can be tapped for restitution; Court says criminal's accessible pension not protected by law": Yesterday in The San Francisco Chronicle, Bob Egelko had this article reporting on Thursday's 10-5 ruling of an en banc panel of the U.S. Court of Appeals for the Ninth Circuit.
Posted at 12:10 PM by Howard Bashman

"Privacy not guaranteed in discussing execution method, U.S. judge rules": Maura Dolan has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Judge rejects secrecy for death penalty data."

The San Jose Mercury News reports that "Execution plan can be drafted; Lawyers agree to secret process."

And The Sacramento Bee contains an article headlined "Deal on execution review; Inmate's lawyer, media agree state can develop new protocol in secrecy."
Posted at 12:05 PM by Howard Bashman

"Federal Supervision of Race in Little Rock Schools Ends": This article appears today in The New York Times.

My earlier coverage appears at this link.
Posted at 11:54 AM by Howard Bashman

"Guantanamo rights": The St. Petersburg Times today contains an editorial that begins, "A ruling by a federal appellate court that shuts the courthouse door on the detainees imprisoned in Guantanamo only makes it more imperative that Congress act to restore the right of habeas corpus to this population."
Posted at 11:45 AM by Howard Bashman

"To Push Death Penalty Or Not; Prosecutors Asked In Court To Explain How They Decide": The Hartford Courant today contains an article that begins, "Five of the state's top prosecutors - who usually ask the questions in court - were forced to answer them on the witness stand Friday as defense lawyers for a convicted murderer mounted a challenge to the constitutionality of the state's death penalty."
Posted at 11:37 AM by Howard Bashman

"Same-sex teaching upheld; Lexington parents say they'll appeal": The Boston Globe today contains an article that begins, "A federal judge yesterday dismissed a suit by two couples who contended that the Lexington public school system violated their constitutional rights by teaching their young children about same-sex couples, but the ruling is unlikely to end a controversy that has roiled the district for nearly two years." And a related editorial is entitled "Upholding diversity lessons."

You can access yesterday's ruling of the U.S. District Court for the District of Massachusetts at this link.
Posted at 11:33 AM by Howard Bashman

"A Brave New Wikiworld": Today in The Washington Post, Law Professor Cass R. Sunstein has an op-ed that begins, "In the past year, Wikipedia, the online encyclopedia that "anyone can edit," has been cited four times as often as the Encyclopedia Britannica in judicial opinions, and the number is rapidly growing."
Posted at 11:13 AM by Howard Bashman

"MP3 Patent Verdict Harmless To Music Fans -- For Now": The Washington Post contains this article today.

And The Los Angeles Times today contains an editorial entitled "Patent problems in patent law: A $1.52-billion ruling against Microsoft could hobble technological innovation."

My earlier coverage appears at this link.
Posted at 10:50 AM by Howard Bashman

"Co-Defendants of Padilla Are Seeking to Split Cases": This article appears today in The New York Times.
Posted at 10:45 AM by Howard Bashman

"Army refiles Watada charges": The Seattle Times today contains an article that begins, "Undaunted by an initial mistrial, the Army on Friday refiled charges against 1st. Lt. Ehren Watada, a Fort Lewis officer who faces up to six years in prison for failing to deploy to Iraq and alleged misconduct."

The Honolulu Advertiser today contans an article headlined "It's 'back to square one' for Watada."

The Honolulu Star-Bulletin reports that "Army, Watada 'back at square 1'; The military charges the officer again after his first court-martial ended in a mistrial."

The Associated Press reports that "Army's Iraq War Objector Charged Again."

And Reuters reports that "U.S. Army refiles charges against war objector."
Posted at 10:30 AM by Howard Bashman

"Better Pay for Judges": The New York Times today contains an editorial that begins, "Justice Anthony Kennedy of the Supreme Court told the Senate this month that the salaries paid to federal judges are so low that they threaten both the quality and independence of the judiciary. The problem is real, and Congress should quickly pass a bill to fix it."
Posted at 10:20 AM by Howard Bashman

"Judge says his free speech is on trial; Faces possible removal from bench after City of Toronto alleged appearance of bias": The Toronto Star today contains an article that begins, "A Toronto judge who faces possible removal from the bench over allegations that his opposition to a development project in his neighbourhood affected his ability to sit in impartial judgment of the city says the case will test the boundaries of judicial free speech."
Posted at 09:03 AM by Howard Bashman

"Court puts security certificates in limbo; Ottawa forced to scramble after top court overturns key parts of controversial detention measures": This article appears today in The Toronto Globe and Mail, along with an article headlined "Charkaoui joins fray on political judiciary."

And The Toronto Star reports today that "Men denied fair hearing, court rules; In a unanimous decision on security certificates, judges call it unconstitutional to detain people based on secret evidence." In addition, columnist Thomas Walkom has a news analysis headlined "Canada turns crucial corner."
Posted at 09:00 AM by Howard Bashman

Friday, February 23, 2007

"Canadian Court Limits Detention in Terror Cases": This article will appear Saturday in The New York Times.

And Saturday's edition of The Washington Post will report that "Jailing Without Trial Rejected in Canada; Court Leaves 6 Security Suspects in Limbo."

My earlier coverage of today's ruling of the Supreme Court of Canada appears at this link.
Posted at 11:27 PM by Howard Bashman

"U.S. attorney ousted, judge says": The Grand Rapids Press today contains an article that begins, "U.S. Attorney Margaret Chiara -- the top federal prosecutor in West Michigan and the post's first woman -- is being asked to resign as part of a controversial shake-up across the country, the region's chief federal judge said today."

Saturday's edition of The New York Times will report that "Eighth U.S. Attorney Dismissed From Post."

And The Washington Post on Saturday will report that "Justice Department Fires 8th U.S. Attorney; Dispute Over Death Penalty Cited."
Posted at 11:23 PM by Howard Bashman

Available online from law.com: Tony Mauro has an article headlined "Parents Fight for the Right to Represent Their Children in Case Before High Court; Local bar associations have investigated parent-advocates for unauthorized practice of law."

In other news, an article reports that "N.J. Suit Could Be Test Case for Anonymous Web Posts."

And the brand new installment of my "On Appeal" essay is headlined "'Philip Morris' Punitives Ruling May Contain Silver Lining for Plaintiffs."
Posted at 10:50 PM by Howard Bashman

"Little Rock Freed of Deseg Supervision": The Associated Press provides a report that begins, "A judge in one of the nation's longest-running school desegregation cases released the Little Rock district from federal supervision Friday, nearly 50 years after President Eisenhower sent in troops to escort nine black students into all-white Central High."

I have posted online at this link today's ruling of the U.S. District Court for the Eastern District of Arkansas.
Posted at 04:50 PM by Howard Bashman

"High court ruling in Gloucester case defines bad faith in bankruptcy filings": The Salem News yesterday published an article that begins, "A Gloucester man who fought all the way to the U.S. Supreme Court to convert his bankruptcy case to allow him to keep some assets lost his battle yesterday when the nation's highest court agreed with previous rulings that he acted in bad faith by not disclosing assets to creditors."
Posted at 04:20 PM by Howard Bashman

"MP3 Ruling Could Haunt Music Tech Firms": The Associated Press provides a report that begins, "A federal jury's ruling that Microsoft infringed on two MP3 patents and must pay $1.52 billion in damages could turn into a major sour note for other technology companies in the digital music business."

Earlier today, I collected additional news coverage of yesterday's verdict at this link.
Posted at 04:02 PM by Howard Bashman

"In Section 230 of the Communications Decency Act, Congress has granted broad immunity to entities, such as Lycos, that facilitate the speech of others on the Internet." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit in a ruling issued today.

The court's opinion begins:

Plaintiffs Universal Communication Systems, Inc. and its chief executive officer, Michael J. Zwebner, (collectively, "UCS") brought suit, objecting to a series of allegedly false and defamatory postings made under pseudonymous screen names on an Internet message board operated by Lycos, Inc. UCS identified two of the screen names as having been registered to Roberto Villasenor, Jr. UCS sued not only Villasenor and the other posters of messages, as John Does, but also Lycos and Terra Networks, S.A., Lycos's corporate parent at the time of the postings in question.

Today's ruling affirms the dismissal of all of the plaintiffs' claims.
Posted at 02:58 PM by Howard Bashman

"Is This America? Canada apologizes to its citizen kidnapped by CIA; U.S. keeps him on its terror list." Nat Hentoff has this essay online at The Village Voice.
Posted at 02:33 PM by Howard Bashman

"Mom can't fathom son's jailing; Wrightwood woman takes up cause of federal shield law for reporters": This article appears today in The San Bernardino County Sun.

And at c|net News.com, Charles Cooper has an essay entitled "Why we don't care about Josh Wolf."
Posted at 12:28 PM by Howard Bashman

"'Philip Morris' Punitives Ruling May Contain Silver Lining for Plaintiffs": That's the tentative title for the next installment of my "On Appeal" column for law.com, scheduled to be posted online around 10 p.m. eastern time tonight.
Posted at 12:22 PM by Howard Bashman

Appellate judge decides to "Judge not, that ye be not judged": For the second time in three days, the U.S. Court of Appeals for the Federal Circuit has issued opinions containing a footnote that says, "Circuit Judge Moore heard oral argument in this appeal but subsequently determined not to participate, taking no position in the decision of the case." If anyone can figure out what's going on in these cases (see here and here), I'd love to hear your theory via email.
Posted at 11:37 AM by Howard Bashman

"Wait, Wait, Your Honor": At WSJ.com's "Washington Wire" blog today, Jess Bravin has a post that begins, "The tables will turn on Justice Stephen Breyer next month, when instead of posing obscure questions at Supreme Court arguments, he'll be answering them -- with no clerks to help on research. In an apparent first, Breyer will appear on a quiz show, as the celebrity guest on the March 17 installment of 'Wait, Wait, Don’t Tell Me!,' a weekly National Public Radio program featuring a panel of wits wisecracking about the week’s news." You can access the radio program's web site at this link.
Posted at 10:55 AM by Howard Bashman

"Hacker helps put judge in prison for child porn; Canadian whiz acted as 'vigilante' to find dozens of predators": The Ottawa Citizen today contains an article that begins, "Nearly a decade after he began his career as a teenage 'vigilante hacker,' a Canadian computer whiz says it was 'definitely satisfying' to learn this week that his most high-profile target -- a disgraced California judge -- has finally been sentenced in a landmark child-pornography case that sparked widespread legal debate over the actions of 'Citizen Tipster' Bradley Willman."

On Wednesday, I linked here to news reports of the judge's sentencing.
Posted at 10:50 AM by Howard Bashman

"Court strikes down security certificates": The Toronto Globe and Mail provides a news update that begins, "The Supreme Court of Canada has voted unanimously to strike down a controversial federal procedure used to deport suspected terrorists as being a violation of life, liberty and security of the person."

You can access today's ruling of the Supreme Court of Canada at this link.

In other coverage, Canadian Press provides a report headlined "Court to Ottawa: Rewrite anti-terror law; Supreme Court overturns anti-terror security certificates."

CanWest News Service reports that "Canadian Supreme Court annuls anti-terror measure."

And The Associated Press reports that "Canada Rules Indefinite Detention Wrong."

Previewing the ruling, The Ottawa Citizen today contains an article headlined "Human rights, security meet in court; The Supreme Court will rule today on a central and controversial aspect of Canada's anti-terrorism measures, the security certificate."

Also, in June 2006, The Globe and Mail reported on oral argument in the appeal in an interesting article headlined "Case illuminates court's inner workings."
Posted at 10:40 AM by Howard Bashman

"Relief Denied? Two new Supreme Court justices control the fate of Texas' condemned." This article appears in today's issue of The Texas Observer.
Posted at 10:35 AM by Howard Bashman

"Law, Politics, and Debate Merge in HLS Journal": The Harvard Crimson today contains an article that begins, "Sitting in Harvard Law School’s Harkness Commons last fall, a group of students decided that the campus lacked a forum for progressive legal thought. Earlier this month, the students launched the Harvard Law & Policy Review in hopes of promoting discussion among liberal progressives, according to the journal’s editor-in-chief and co-founder, James H. Weingarten."
Posted at 08:55 AM by Howard Bashman

The Atlanta Journal-Constitution is reporting: Today's newspaper contains articles headlined "Funding problems stall Nichols trial; Judge orders a month's delay to allow Legislature to decide if it will provide extra money for defense" and "Abortion bill will be rewritten; Would make doctors 'offer' ultrasound."
Posted at 08:34 AM by Howard Bashman

"Panel finding answers elusive": The St. Petersburg Times today contains an article that begins, "A panel reviewing Florida's execution procedures over the last few weeks has heard testimony that is part spy novel and part horror film."

And a related article is headlined "'As if in pain': Notes from Diaz execution."
Posted at 08:30 AM by Howard Bashman

"A Nonpartisan Reputation at Stake; For Prosecutor, Libby Verdict May Mean Vindication or Political Taint": The Washington Post contains this article today.

And The Associated Press reports that "Leak Trial Reveals Flaws in Note-Taking."
Posted at 08:27 AM by Howard Bashman

"Defense Calls Padilla Incompetent for Trial": This article appears today in The New York Times.

The Los Angeles Times reports today that "Padilla unfit for trial, defense experts say; 2 psychiatrists agree the terrorism suspect has post-traumatic stress disorder. His lawyers blame his treatment in custody."

USA Today contains an article headlined "Psychiatrist: Solitary confinement has made Padilla unfit for trial."

And The South Florida Sun-Sentinel reports that "Padilla mentally unfit for trial, 2 experts say."
Posted at 08:15 AM by Howard Bashman

"Fake Private Parts Are No Joke, Myers Says; Delegate Wants to Ban Vehicle Displays of Plastic Genitals": The Washington Post contains this article today.

And The Associated Press reports that "Lawmaker Comes Down on Plastic Gonads."
Posted at 08:10 AM by Howard Bashman

"A Congressional Duty: Legislators should not expect courts to undo the lawmakers' error of depriving foreign detainees of a fundamental right." This editorial appears today in The Washington Post.
Posted at 08:04 AM by Howard Bashman

"MP3 Patents in Upheaval After Verdict": The New York Times today contains an article that begins, "Microsoft was ordered by a federal jury yesterday to pay $1.52 billion in a patent dispute over the MP3 format, the technology at the heart of the digital music boom. If upheld on appeal, it would be the largest patent judgment on record."

The Washington Post reports today that "Microsoft Loses Big In MP3 Patent Suit; $1.52 Billion Penalty Could Be Harbinger."

The Los Angeles Times reports that "Microsoft loses music patent case; The software giant used Alcatel's technology and must pay $1.52 billion, a jury finds; Many other firms also may be liable; An appeal is likely."

USA Today reports that "Microsoft ordered to pay $1.5B to Alcatel; Patent-infringement case over digital music files faces appeal."

The San Diego Union-Tribune reports that "Microsoft told to pay $1.52 billion over MP3s; Jury in S.D. awards company for patents."

The Seattle Post-Intelligencer reports that "Microsoft takes $1.52 billion hit in MP3 patent case; Appeal vowed in jury verdict."

The Seattle Times reports that "Patent case hits Microsoft with $1.5 billion penalty."

The Associated Press reports that "Jury Orders Microsoft to Pay $1.52B."

Reuters reports that "Microsoft hit with $1.52 billion patent suit damages."

Bloomberg News reports that "Microsoft Told to Pay Alcatel-Lucent $1.52 Billion."

And c|net News.com reports that "Microsoft hit with $1.5 billion patent verdict."
Posted at 07:44 AM by Howard Bashman

Available online from law.com: An article reports that "Former N.Y. High Court Judge Clears Hurdle to Reinstatement as a Lawyer."

And in other news, "Nonprofit Litigates Largest Employment Discrimination Class Action Ever to Go to Trial; Small legal group founded by attorney Brad Seligman causes Wal-Mart some big problems."
Posted at 07:40 AM by Howard Bashman

"Breaking into Journalism": This article appears in the current issue of The Harvard Law Record.
Posted at 07:35 AM by Howard Bashman

"The Supreme Court Is At the Tipping Point: Should A Democratic Senate Prevent Bush From Creating A Solidly Conservative Court? An Historic Perspective, and Some Advice to the Senate." John W. Dean has this essay online today at FindLaw.
Posted at 06:40 AM by Howard Bashman

Thursday, February 22, 2007

Available online at The Nation: The March 12, 2007 issue will contain an essay by Naomi Klein that begins, "Something remarkable is going on in a Miami courtroom. The cruel methods US interrogators have used since September 11 to 'break' prisoners are finally being put on trial."

And Jonathan Hafetz has an essay entitled "Justice Perverted" that begins, "A federal appeals court ruled Tuesday that Guantanamo detainees no longer have a right to be heard in court."
Posted at 08:55 PM by Howard Bashman

Available online at SSRN: Law Professor Jack M. Balkin has an article titled "How New Genetic Technologies Will Transform Roe v. Wade" (abstract with link for download).

And Law Professor Michael J. Gerhardt has an essay entitled "Why the Catholic Majority on the Supreme Court May Be Unconstitutional" (abstract with links for download).
Posted at 08:20 PM by Howard Bashman

"Supreme Court Limits 'Absolute' Right to Convert to Chapter 13": Steve Sather has this post at "A Texas Bankruptcy Lawyer's Blog."
Posted at 08:07 PM by Howard Bashman

"Top court poised to rule on terror tools": Canadian Press provides a report that begins, "The Supreme Court of Canada steps into a political minefield Friday with a decision on whether Ottawa can keep using secret court hearings, indefinite imprisonment, and summary deportations as part of the fight against global terrorism."
Posted at 08:03 PM by Howard Bashman

"ADF attorneys file friend-of-the-court brief to defend parents' rights; U.S. Supreme Court asked to hear appeal of decision ordering non-parent visitation in violation of fundamental right of parents to bring up their children": Alliance Defense Fund issued this press release today.

I linked to the amicus brief yesterday evening in this post.
Posted at 08:00 PM by Howard Bashman

"Sly add to bill would end ban of sodomy; The Supreme Court already has ruled against such laws; McCoy seeks symbolic change": This article appears today in The Salt Lake Tribune.
Posted at 07:57 PM by Howard Bashman

"Harper brushes off judicial critics on appointments": The Toronto Globe and Mail today contains an article that begins, "Prime Minister Stephen Harper dismissed the warning shot fired by Canada's judiciary over the Conservatives' changes to the way judges are appointed, insisting his government won't leave the vetting of judges' qualifications to 'a private club of judges and lawyers.'"
Posted at 07:55 PM by Howard Bashman

"This appeal raises a single question: Does the evidence offered by the city of Kennedale sufficiently support its ordinance regulating sexually oriented businesses?" A unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit reverses the entry of summary judgment in favor of a sexually-oriented business in an opinion issued today. The order that the Fifth Circuit reversed today had permanently enjoined the ordinance.
Posted at 07:42 PM by Howard Bashman

"Terror suspect hearing gets underway": The Miami Herald provides a news update that begins, "A psychiatrist hired by lawyers for terror defendant Jose Padilla testified today that the former Broward resident suffers from a mental illness rooted in his lengthy detention and that he is not competent to stand trial in Miami federal court."

The South Florida Sun-Sentinel provides a news update headlined "Psychiatrist claims terror suspect Padilla has mental problems."

The Associated Press provides a report headlined "Expert: Padilla Unable to Stand Trial."

And this evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Padilla Is Unfit for Trial, Attorneys Say" (RealPlayer required).
Posted at 05:40 PM by Howard Bashman

"Man Found Guilty in Va. Sought by Peru in Killings": Back in October 2004, The Washington Post published an article that begins, "A 44-year-old construction worker found guilty of immigration fraud in Alexandria is wanted in Peru in connection with at least 26 killings as an alleged member of a paramilitary death squad in the early 1990s, U.S. and Peruvian officials said yesterday."

The U.S. Court of Appeals for the Fourth Circuit today issued a ruling that could mark the end of that man's efforts to avoid extradition to Peru. According to today's decision, "Ordinola filed a petition for a writ of habeas corpus, and the district court granted the writ, determining that the political offense exception barred extradition in this case. The Government appealed. For the reasons identified below, we conclude that the magistrate judge did not err in finding Ordinola extraditable. We therefore vacate the district court's grant of the writ and remand for reentry of a Certification of Extraditability."
Posted at 04:05 PM by Howard Bashman

"Hail to the Chief -- and farewell; After 8 decades, a controversial tradition concludes": The Chicago Tribune today contains an article that begins, "As cameras flashed and students cried, the University of Illinois' controversial mascot, Chief Illiniwek, burst onto the basketball court Wednesday night for his final, three-minute dance."

The Chicago Sun-Times today contains an article headlined "Chief's last hurrah: U. of I. crowd mourns end of tradition." In addition, columnist Greg Couch has an essay entitled "Chief's finale leaves fans orange and blue."

The News-Gazette of Champaign, Illinois contains articles headlined "Fans send Chief Illiniwek out in style"; "Apparel items with logo flying off shelves"; and "Men continue fight to preserve UI tradition in some form."

And The Daily Illini contains articles headlined "The Last Dance" and "Champaign-Area Residents Flocking to Get Chief Apparel; The Chief's retirement is causing a rush on certain merchandise in campus stores."

The appellate connection to this coverage stems from a Seventh Circuit decision from June 2004 that I covered extensively in posts that you can access here, here, here, and here.
Posted at 03:33 PM by Howard Bashman

"In this appeal, relating broadly to the marketing of 'Lights' cigarettes, we consider the pre-emptive scope of the Federal Cigarette Labeling and Advertising Act." So begins an opinion dated February 14, 2007 that the U.S. Court of Appeals for the Fifth Circuit posted online today.

According to the ruling:

Plaintiffs seek to represent a worldwide class of persons who purchased at least a single pack of defendants' light cigarettes ("Lights") in Louisiana since 1971. They seek to recover "economic damages" as measured by "the difference between the value the product would have had at the time of sale if the representations about them had been true and the actual value to the consumer of the product in question, considering the true nature of the product." Plaintiffs do not claim that they have been injured by smoking and do not seek to recover for any illnesses allegedly caused by Lights.

The Fifth Circuit's ruling holds that the district court should have dismissed all of the plaintiffs' claims with prejudice.
Posted at 03:05 PM by Howard Bashman

"White House Brings in Nixon-Era Counsel": The Associated Press provides this report.
Posted at 02:38 PM by Howard Bashman

"We are asked to determine whether -- and if so, under what circumstances -- a criminal defendant's retirement benefits are available as a source of funds to compensate crime victims." So begins the majority opinion that a 15-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

Circuit Judge Marsha S. Berzon wrote that majority opinion, in which a total of ten judges joined. Circuit Judge William A. Fletcher wrote a dissenting opinion, in which a total of five judges joined.
Posted at 02:12 PM by Howard Bashman

"Microsoft, AT&T Argue Software-Patent Case": Jess Bravin has this article (pass-through link) today in The Wall Street Journal.
Posted at 02:03 PM by Howard Bashman

Is that cocaine in your pants or are you just happy to see me? From an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued today, "The police could not have removed the drugs that Williams stashed near his genitals without making some 'intimate contact,' and we reject Williams's claim that such contact is per se unreasonable." According to the factual background section of the opinion, "The officer, who was wearing a latex glove, opened Williams's pants, reached inside Williams's underwear, and retrieved a large amount of crack and powder cocaine near Williams's genitals."
Posted at 11:18 AM by Howard Bashman

"Marrama v. Citizens Bank of Massachusetts": Todd Zywicki has this post today at "The Volokh Conspiracy" arguing that the majority reached the right result yesterday and that the dissenters -- the Chief Justice and Justices Antonin Scalia and Clarence Thomas, joining in the dissenting opinion of Justice Samuel A. Alito, Jr. -- did not deserve to prevail.

But whether the majority or the dissent had the better answer as a matter of bankruptcy policy, the issue that Zywicki addresses, is irrelevant to the question whether the majority or the dissent had the better answer as a matter of law. On that latter, much more relevant question, I side with the dissenters. You can access the complete ruling at this link.
Posted at 10:35 AM by Howard Bashman

Are the costs of a class-action settlement administrator taxable under Fed. R. Civ. P. 54(d)(1), and may the costs of the prevailing parties ordinarily be taxed against an attorney instead of against the non-prevailing party? Sixth Circuit Judge Jeffrey S. Sutton today issued a surprisingly interesting decision addressing those questions.
Posted at 10:23 AM by Howard Bashman

"Sound Judgment: Try as they might, the courts can't fix Guantanamo." Benjamin Wittes has this essay online today at The New Republic.
Posted at 10:03 AM by Howard Bashman

"Panel kills abortion ban; But Senate still could resurrect issue": The Argus Leader of Sioux Falls, South Dakota contains this article today.
Posted at 09:02 AM by Howard Bashman

"Investigator accused of lying in death cases; She allegedly fabricated statements by jurors, others to stop executions": This article appears today in The Sacramento Bee.

The Los Angeles Times reports today that "Fraud in death row cases is alleged; Prosecutors say a private eye forged statements by jurors and others to boost inmates' appeals in one of the biggest such cases in state history."

And in The San Francisco Chronicle, Bob Egelko reports that "Ex-investigator charged with forging papers."
Posted at 08:54 AM by Howard Bashman

"Shield repealed: When everybody buys ink by the barrel, who's entitled to press privilege?" Michael McGough, senior editorial writer for The Los Angeles Times, today has an essay that begins, "Whatever its other consequences for the Republic, the investigation that resulted in the perjury trial of I. Lewis 'Scooter' Libby produced a memorable manifesto for a troubling but hard-to-refute position: that the dawn of the blogosphere has fatally complicated the argument for legal privileges for journalists."
Posted at 08:50 AM by Howard Bashman

"Fighting faith-based spending in court: A Supreme Court case could set the standard for challenging grants that break down the wall between church and state." Andrew B. Coan has this op-ed today in The Los Angeles Times.
Posted at 08:47 AM by Howard Bashman

"Reining in juries: The Supreme Court rightly puts some limits on the awarding of outlandish punitive damages." The Los Angeles Times contains this editorial today.
Posted at 08:45 AM by Howard Bashman

"Libby's Fate Now Rests In the Hands Of the Jury; Reliability of Memory Remains the Key Issue": This article appears today in The Washington Post.

The Los Angeles Times reports today that "Libby perjury case goes to jury; Was it a coverup or a case of a busy man's poor recall in the Plame probe? Jurors are urged to use common sense."

And The Wall Street Journal contains an article headlined "Politics Meets Intelligence at Trial; Libby Case Feeds Calls for Study On Use of Findings" (free access). In addition, columnist Daniel Henninger has an op-ed entitled "Scooter Libby and Reputation: Prosecutions that wreak ruin on a lifetime" (free access).
Posted at 08:35 AM by Howard Bashman

"Legislature 2007: Bill to let 9 jurors decide death verdict takes shape." The Atlanta Journal-Constitution contains this article today.

And today in The St. Petersburg Times, columnist Howard Troxler has an op-ed entitled "Execution lessons: too secret, too loose."
Posted at 08:33 AM by Howard Bashman

"Jury duty or jail? Hmm ...; A man says he doesn't like the system anyway, so he walks off and gets 15 days." This article appears today in The St. Petersburg Times.
Posted at 08:27 AM by Howard Bashman

"Genentech drug patent is rejected; U.S. Patent and Trademark Office decision on technology for manufacturing opens way for other companies to use it": The Baltimore Sun contains this article today.
Posted at 08:22 AM by Howard Bashman

"O'Malley lobbies for repeal; Governor urges an end to death penalty in Md." This article appears today in The Baltimore Sun.

And The Washington Post reports today that "O'Malley Seeks End To Md. Executions; Death Penalty Repeal Splits Assembly." In addition, columnist Marc Fisher has an essay entitled "Listen to Kirk Bloodsworth; Stop Capital Punishment."
Posted at 08:20 AM by Howard Bashman

"A War Under Law: Congress Must Address U.S. Detainee Policies." Jeffrey H. Smith has this op-ed today in The Washington Post.

And today in The Boston Globe, Law Professor Erwin Chemerinsky has an op-ed entitled "Prisoners of the rule of law."
Posted at 08:14 AM by Howard Bashman

"Court Takes on Software Patents; Microsoft Case May Have Global Reach": Robert Barnes and Alan Sipress have this article today in The Washington Post.

In The Los Angeles Times, Jim Puzzanghera reports that "Microsoft, AT&T face off in patent case; The Supreme Court's ruling could determine whether companies shift software work overseas to avoid legal liability."

And The Seattle Times reports that "Microsoft hopeful of win in high court."
Posted at 08:12 AM by Howard Bashman

"Judge Decries Court Secrecy; Orders Disclosure Of Super-Sealed Cases": The Hartford Courant today contains an article that begins, "A Superior Court judge has ruled that the identities of parties involved in some court cases now completely hidden from the public must be released. The ruling by Superior Court Judge Robert E. Beach Jr. is a victory for The Courant and the Connecticut Law Tribune newspaper in their four-year legal battle to reveal the identities of individuals who took advantage of a judicial branch practice of 'super-sealing' cases."
Posted at 08:09 AM by Howard Bashman

"In Hartford, Rebuked Justice Apologizes for Delaying News of '06 Ruling": This article appears today in The New York Times.

And The Hartford Courant reports today that "Contrite Sullivan Admits Mistake; Tried To Help Friend Secure Chief Justice Job."
Posted at 08:03 AM by Howard Bashman

"Atheist Group Takes on Bush Initiative": The Associated Press provides an article which reports that "Next week, the group started by Gaylor and her mother in the 1970s to take on the religious right will fight its most high-profile battle when the U.S. Supreme Court hears arguments on its lawsuit against President Bush's faith-based initiative. The court will decide whether taxpayers can sue over federal funding that the foundation believes promotes religion. It could be a major ruling for groups that fight to keep church and state separate."
Posted at 08:00 AM by Howard Bashman

"Government may reveal detention tactics; The U.S. government fears evidence about Jose Padilla's military detention as an enemy combatant could come out at today's competency hearing in federal court in Miami": The Miami Herald contains this article today.
Posted at 07:54 AM by Howard Bashman

"Schools held liable for bullying of students; State's top court decides Toms River gay-bias case": This article appears today in The Newark (N.J.) Star-Ledger.

And The New York Times reports today that "New Jersey Schools Told to Protect Gay Students."

You can access yesterday's ruling of the Supreme Court of New Jersey at this link.
Posted at 07:45 AM by Howard Bashman

Wednesday, February 21, 2007

"A 2001 Genentech Patent Is Revoked": Thursday's edition of The New York Times will contain an article that begins, "The Patent and Trademark Office has decided to revoke a fundamental patent held by Genentech, the biotechnology company, that was at the center of a recent Supreme Court decision."
Posted at 10:55 PM by Howard Bashman

"American Liberty at the Precipice": The New York Times on Thursday will contain an editorial that begins, "In another low moment for American justice, a federal appeals court ruled on Tuesday that detainees held at the prison camp at Guantanamo Bay, Cuba, do not have the right to be heard in court."
Posted at 10:50 PM by Howard Bashman

"Government may reveal detention tactics": The Miami Herald provides a news update that begins, "Thursday's highly publicized hearing about the competency of terror defendant Jose Padilla may be focused on his mental fitness to stand trial in April."
Posted at 10:40 PM by Howard Bashman

The Christian Science Monitor is reporting: In Thursday's newspaper, Warren Richey will have an article headlined "Nativity scene is too religious for New York City schools; The Supreme Court this week let stand rules that keep menorahs and Christmas trees in holiday displays -- but not creches."

And the newspaper will also contain an article headlined "As earth warms, lawsuits mount; But problems arise when it comes time to pin down those responsible for climate change."
Posted at 08:12 PM by Howard Bashman

On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Illinois Malpractice Case May Shape Tort Reform" and "FBI Investigates Possible Letter Bomber Case" (RealPlayer required).
Posted at 07:40 PM by Howard Bashman

"Up in Smoke: The Supreme Court loses its unanimity." Law Professor Douglas W. Kmiec has this very thoughtful jurisprudence essay online at Slate.
Posted at 07:20 PM by Howard Bashman

Family Research Council files amicus brief in support of petition for writ of certiorari in Fausey v. Hiller grandparent visitation case: Attorneys for Alliance Defense Fund today filed this amicus brief in support of the petition for writ of certiorari now pending before the U.S. Supreme Court in Fausey v. Hiller, No. 06-863.

Today is also the deadline for respondent's brief in opposition. When I receive an electronic copy of the brief in opposition, I will post it online. Update: The brief in opposition can be accessed here.
Posted at 05:30 PM by Howard Bashman

"High court wrestles with software patent questions": c|net News.com provides this report.

Reuters reports that "High court skeptical of Microsoft patent ruling."

The Associated Press reports that "AT&T, Microsoft argue patent case."

And Dow Jones Newswires report that "AT&T Faces High Court Skepticism In Microsoft Fight."
Posted at 04:27 PM by Howard Bashman

"Abortion Ban Fails in S.D. Senate Panel": The Associated Press provides a report that begins, "A South Dakota bill to ban most abortions in a direct challenge to Roe v. Wade appeared dead Wednesday after a state Senate committee rejected it."

And The Argus Leader of Sioux Falls, South Dakota provides a news update headlined "Committee rejects abortion ban; action may be overturned."
Posted at 04:15 PM by Howard Bashman

Is Stevens-Scalia the new O'Connor-Ginsburg and Scalia-Alito? At the new blog "The BLT: The Blog of Legal Times," Tony Mauro has a post about today's U.S. Supreme Court oral argument in which he writes: "With Roberts out, Justice John Paul Stevens presided over the oral argument -- which led to a minor slip-up by former solicitor general Ted Olson, arguing for Microsoft. When Olson, a Gibson, Dunn & Crutcher partner, rose for his rebuttal, he addressed Stevens as 'Justice Scalia,' which got a hearty laugh from Stevens."

The exchange appears at page 51 of today's oral argument transcript in Microsoft Corp. v. AT&T Corp., No. 05-1056:

JUSTICE STEVENS: Thank you, Mr. Waxman. Mr. Olson, you have, let's see, four minutes.
REBUTTAL ARGUMENT OF THEODORE B. OLSON ON BEHALF OF THE PETITIONER
MR. OLSON: Thank you, Justice Scalia. I mean Justice Stevens.
(Laughter.)

Back in May 2006, law.com published an installment of my weekly "On Appeal" column headlined "Scalia-Alito Is the New O'Connor-Ginsburg."
Posted at 04:05 PM by Howard Bashman

"The BALCO Mess: Or travels in the gray areas of the confidential source arrangement." Jack Shafer has this "Press Box" essay online at Slate.
Posted at 03:03 PM by Howard Bashman

"Are Patents Property: Zoltek v. US." "Patently-O: Patent Law Blog" today has this post discussing the petition for writ of certiorari filed yesterday in the U.S. Supreme Court in Zoltek Corp. v. United States.

My coverage of the Federal Circuit's three-judge panel ruling, from March 2006, described the case as "the F-22 stealth fighter patent infringement case." And the "Patently-O" blog, in September 2006, provided this coverage of the Federal Circuit's denial of rehearing en banc.
Posted at 02:50 PM by Howard Bashman

"The BLT: The Blog of Legal Times." Launched yesterday, and available online at this link. Among the interesting posts, here's one noting that Justice Samuel A. Alito, Jr.'s home in New Jersey is now up for sale.
Posted at 02:18 PM by Howard Bashman

Access online the transcript of today's U.S. Supreme Court oral argument in Microsoft Corp. v. AT&T Corp., No. 05-1056: The Court has posted the transcript at this link.
Posted at 01:59 PM by Howard Bashman

"Microsoft patent case stirs software export fears": c|net News.com provides a report that begins, "It's not every day that both the U.S. government and advocates of free and open-source software align themselves in court with Microsoft."

And online at the web site of The Seattle Post-Intelligencer, Todd Bishop's "Microsoft Blog" offers a post titled "Microsoft making first Supreme Court appearance."

Earlier today, I linked here to additional press coverage of this case.
Posted at 11:44 AM by Howard Bashman

"Court Rules Against Man Wrongly Imprisoned": The Associated Press provides a report that begins, "A deadline is a deadline is a deadline, the Supreme Court said Wednesday in refusing to allow a man wrongly imprisoned for more than eight years to sue the police officers who arrested him."
Posted at 11:38 AM by Howard Bashman

On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Guantanamo Ruling Thwarts Detainee Rights" and "Libby Perjury Trial Heads to Jury Room" (featuring Nina Totenberg). RealPlayer is required to launch these audio segments.
Posted at 11:35 AM by Howard Bashman

"Supreme Court Rules in Bankruptcy Case": The Associated Press provides a report that begins, "The Supreme Court ruled Wednesday that a financially troubled small businessman gave up an important right under the federal bankruptcy code because he failed to disclose all of his assets as the law requires."
Posted at 11:10 AM by Howard Bashman

Access online today's U.S. Supreme Court ruling in Marrama v. Citizens Bank of Mass., No. 05-996: The Court has posted a copy of the ruling online at this link.

In this bankruptcy-related case decided by a 5-4 margin, Justice John Paul Stevens issued the opinion of the Court, in which Justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined.

Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which the Chief Justice and Justices Antonin Scalia and Clarence Thomas joined.
Posted at 10:35 AM by Howard Bashman

The Wall Street Journal is reporting: In today's newspaper, Jess Bravin and Vanessa O'Connell have an article headlined "High Court Denies Altria Damages, Sets No Formula" (pass-through link).

And Jess Bravin has an article headlined "Court Rejects Detainees' Cases; New Law Is Cited In Again Denying Guantanamo Bids" (pass-through link).
Posted at 10:27 AM by Howard Bashman

Access online today's U.S. Supreme Court ruling in Wallace v. Kato, No. 05-1240: The Court has posted a copy of the ruling online at this link.
Posted at 10:20 AM by Howard Bashman

"Court clarifies false arrest right to sue": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:09 AM by Howard Bashman

"Tobacco award overturned; The high court limits damages in a smoker's lawsuit, saying firms can't be punished for harm to outsiders": David G. Savage and Molly Selvin have this article today in The Los Angeles Times.

Joan Biskupic of USA Today reports today that "Justices toss $79.5M award to smoker's widow."

Bob Egelko of The San Francisco Chronicle reports that "In 5-4 ruling, Supreme Court curbs punitive damages."

The Chicago Tribune reports that "Businesses hail court ruling on jury awards; Philip Morris dodges $79.5 million payout."

The Oregonian contains an article headlined "Change the amount or start over; The widow of a longtime smoker has yet to see any money for any kind of damages eight years after a favorable verdict." The newspaper also contains an editorial entitled "Try again on punitive damages: The U.S. Supreme Court correctly assumes Oregon jurors punished Philip Morris for more than one smoker's death."

The Washington Times reports that "Reward to smoker's widow nixed by top court."

The New York Times contains an editorial entitled "Shielding the Powerful."

And The Wall Street Journal contains an editorial entitled "Class Actions in Drag: The Supreme Court splits more differences on punitive damages" (free access).
Posted at 09:30 AM by Howard Bashman

"U.S. Supreme Court: Overturned award; Weyerhaeuser prevails in alder sawlog monopoly case." This article appears today in The Oregonian.
Posted at 09:20 AM by Howard Bashman

"Detainees lose bid for legal rights; An appeals court says habeas corpus doesn't apply to Guantanamo prisoners -- a decision that favors Bush administration tactics in the war on terrorism": David G. Savage has this article today in The Los Angeles Times. The newspaper also contains an editorial entitled "Restore habeas rights: Now that a federal appeals court has upheld the ban on habeas corpus at Guantanamo, Congress should act."

Today in The Miami Herald, Carol Rosenberg has an article headlined "Panel: Guantanamo captives can't sue in U.S. courts; An appeals panel sided with President Bush and ruled that Guantanamo captives get a military review, not the right to sue in federal court to gain their freedom."

USA Today reports that "Administration backed on detainees; Judges say prisoners at Guantanamo Bay have no right to court."

And The Washington Times reports that "Court hands Bush win in Gitmo case."
Posted at 09:10 AM by Howard Bashman

"Judge rejects delay of phone wiretap suits; U.S. seeks dismissal in appeals court over national security": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal judge rejected the Bush administration's request Tuesday to put wiretapping lawsuits against telephone companies on hold while the government asks an appeals court to dismiss the suits on national security grounds."

And The Associated Press reports that "Judge keeps spying documents sealed; The jurist rules that it's premature to release materials sought by the media in lawsuits challenging Bush's domestic surveillance." I have posted online at this link yesterday's ruling of the U.S. District Court for the Northern District of California on the news media's request for access.
Posted at 09:05 AM by Howard Bashman

"Ex-judge Kline gets prison; Six years of legal wrangling ends with former O.C. Superior Court judge sentenced to 27 months for child pornography": This article appears today in The Orange County Register.

And The Los Angeles Times reports today that "Former judge collapses as he is sentenced for child porn possession; Ex-Orange County jurist Ronald C. Kline quickly recovers; He must serve 27 months in prison and register as a sex offender."
Posted at 08:50 AM by Howard Bashman

"In Closing Pleas, Clashing Views on Libby's Role": Neil A. Lewis has this article today in The New York Times.

The Washington Post today contains articles headlined "Libby 'Told a Dumb Lie,' Prosecutor Says in Closing Argument" and "Ted Wells, Center Of the Defense; Scooter Libby's Attorney Makes His Case for the Powerful." In addition, Dana Milbank's "Washington Sketch" column is headlined "The Defense Rests, and Not a Minute Too Soon."

The Los Angeles Times reports that "Libby's memory is at the heart of the case; In closing arguments, the prosecution says Cheney's former aide is lying; But the defense faults government witnesses."

In The New York Sun, Josh Gerstein reports that "Bush Is Chided by Prosecutor in Libby Case."

USA Today contains an article headlined "Jurors to begin deliberations today in Libby perjury trial; Defense: Disregard opinions of Iraq war."

And The Washington Times reports that "Scapegoat defense ridiculed."
Posted at 08:44 AM by Howard Bashman

"Legislature 2007: Sex crime law applied unfairly, sponsor says; Two-party protest: Republican joins Democrat in criticizing Child Protection Act's 'Romeo-Juliet' provision." The Atlanta Journal-Constitution today contains an article that begins, "A move by a Democratic senator to re-examine hundreds of sex crime convictions involving teenagers got an endorsement Tuesday from an unlikely place: the Republican sponsor of a 1995 bill cracking down on sex crimes against children."
Posted at 08:37 AM by Howard Bashman

"When justice doesn't add up": Today in The Boston Globe, columnist Derrick Z. Jackson has this op-ed about yesterday at the U.S. Supreme Court.
Posted at 08:29 AM by Howard Bashman

"Privacy Ruled Out In Sex Case; Court: Laws Against Trysts With Students OK." The Hartford Courant today contains an article that begins, "When a former New Haven teacher last fall challenged the constitutionality of state laws prohibiting school employees from having sexual relations with students, victim advocates kept a close eye on the state Supreme Court, hoping it would reject the argument that such laws infringe on the right to privacy."

You can access yesterday's ruling of the Supreme Court of Connecticut at this link. My earlier coverage of this case appears here.
Posted at 08:24 AM by Howard Bashman

"Woman Picked As Chief Justice; News Comes On Eve Of Sullivan Hearing": The Hartford Courant today contains an article that begins, "Gov. M. Jodi Rell on Tuesday selected Appellate Court Judge Chase T. Rogers to become chief justice of the state Supreme Court, the announcement coming 10 months after her initial nominee withdrew amid a bitter controversy that will continue playing out today at a legislative hearing."

The Stamford Advocate reports today that "New Canaan judge named to lead high court."

And The Connecticut Post reports that "Rogers picked for state Supreme Court."
Posted at 08:20 AM by Howard Bashman

"Why I Oppose the Death Penalty": Martin O'Malley, the Governor of Maryland, has this op-ed today in The Washington Post.

That newspaper today also contains a related article headlined "Death Penalty Debate Has Legislators Looking Inward; Legislators Grapple With Death Penalty."
Posted at 08:10 AM by Howard Bashman

"Suit Over Fees for Inmates' Phone Calls Is Revived": This article appears today in The New York Times.

Today in The New York Sun, Joseph Goldstein reports that "Ruling Favors Inmates In Collect Calls Case."

And The Journal News of Westchester, New York reports that "Court revives inmates' lawsuit over price of phone calls."

You can access yesterday's ruling of the Court of Appeals of New York, that State's highest court, at this link.
Posted at 08:05 AM by Howard Bashman

"Former chief judge wins step toward getting law license back": The Journal News of Westchester, New York today contains an article that begins, "The former chief judge of New York state's highest court who suffered a spectacular fall from grace after being arrested for stalking an ex-girlfriend has received preliminary approval to have his law license reinstated."
Posted at 08:00 AM by Howard Bashman

"Teacher Defends Religious Comments in Class": Today's edition of The New York Times contains an article that begins, "The teacher who is the subject of a potential lawsuit regarding proselytizing in a public high school history class denied on Tuesday night that he had preached in class and said that the student who taped him had never expressed discomfort to him about his comments."
Posted at 07:55 AM by Howard Bashman

"Lower Voter Turnout Is Seen in States That Require ID": The New York Times today contains an article that begins, "States that imposed identification requirements on voters reduced turnout at the polls in the 2004 presidential election by about 3 percent, and by two to three times as much for minorities, new research suggests."
Posted at 07:45 AM by Howard Bashman

"Supreme Court Will Review the Way New York Selects Judicial Candidates": Linda Greenhouse has this article today in The New York Times.

Today in The New York Sun, Joseph Goldstein has an article headlined "Supreme Court Showdown: Brooklyn Clubhouse Politics Land Before High Court." The newspaper also contains an editorial entitled "Spitzer v. Lopez Torres."

And The New York Daily News reports that "Supremes to eye how N.Y. picks judges."
Posted at 07:44 AM by Howard Bashman

"High Court to Hear Microsoft Patent Case": The Associated Press provides this report.

The San Jose Mercury News reports today that "Microsoft vs. AT&T patent case begins in U.S. high court; Software companies could lose billions, push more jobs abroad."

The San Antonio Express-News reports that "AT&T patent case before high court."

And The Seattle Post-Intelligencer reports that "Microsoft supported in AT&T patent fight."
Posted at 06:35 AM by Howard Bashman

"Do Car Passengers Enjoy Fourth Amendment Rights? The Supreme Court Grants Review in Brendlin v. California." Sherry F. Colb has this essay online today at FindLaw.
Posted at 06:33 AM by Howard Bashman

Tuesday, February 20, 2007

"Court Endorses Law's Curbs on Detainees": The New York Times on Wednesday will contain an article that begins, "A divided federal appeals court on Tuesday upheld a new law stripping federal judges of authority to review foreign prisoners' challenges to their detention at Guantanamo Bay, Cuba."

The Washington Post on Wednesday will contain a front page article headlined "Guantanamo Detainees Lose Appeal; Habeas Corpus Case May Go to High Court."

Carol Rosenberg of The Miami Herald provides a news update headlined "Guantanamo captives can't sue in U.S. courts."

Wednesday's edition of The Guardian (UK) reports that "Guantanamo inmates refused day in court; Federal court denial 'not unconstitutional'; Dissenting judge says law contradicts habeas corpus."

And Financial Times provides a report headlined "Court blow for Guantanamo prisoners."
Posted at 11:05 PM by Howard Bashman

"Justices Overturn $79.5 Million Tobacco Ruling": Linda Greenhouse will have this article Wednesday in The New York Times.

Wednesday in The Washington Post, Robert Barnes will have a front page article headlined "Justices Overturn Tobacco Award; $80 Million Penalty Is Called Excessive."

And Patti Waldmeir and Chris Bowe of Financial Times provide a news update headlined "US ruling puts new limits on punitive damages."
Posted at 10:23 PM by Howard Bashman

"Michael Moore Wins a New Court Round": The Associated Press provides a report that begins, "Michael Moore won a round Tuesday in a court battle with the brother of Oklahoma City bombing conspirator Terry Nichols, but the plaintiff's lawyer said she is considering whether to take the case to the Supreme Court."

My earlier coverage of today's Sixth Circuit ruling can be accessed here.
Posted at 10:15 PM by Howard Bashman

"High Court Rejects $79.5 Million Tobacco Ruling": Linda Greenhouse of The New York Times provides this news update.

And Joan Biskupic of USA Today provides a news update headlined "Supreme Court tosses $79.5 million verdict against cigarette company."
Posted at 07:54 PM by Howard Bashman

On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Court Upholds Military Court for Detainees" and "Final Arguments Made in Libby Perjury Case" (featuring Nina Totenberg). RealPlayer is required to launch these audio segments.
Posted at 07:15 PM by Howard Bashman

"Supreme Court voids $79.5 million award in a tobacco suit": Stephen Henderson of McClatchy Newspapers provides this report.
Posted at 07:12 PM by Howard Bashman

"Human Like Me?: The New Jersey Supreme Court case that could define the fetus." Emily Bazelon has this jurisprudence essay online at Slate.
Posted at 07:10 PM by Howard Bashman

"Court Backs White House on Detainees": The New York Times provides this news update.
Posted at 06:05 PM by Howard Bashman

"Court Preparations Slow Detainee Trials": The Associated Press provides this report.
Posted at 05:55 PM by Howard Bashman

In Wednesday's issue of The Christian Science Monitor: Warren Richey will have an article headlined "Supreme Court puts new rules on damage awards; In a smoking suit, a jury wrongly punished Big Tobacco for injuries to nonlitigants, the justices ruled."

And Warren Richey and Linda Feldmann will have an article headlined "No federal court for Guantanamo detainees; In a major victory for Bush, an appeals court upheld a 2006 law restricting detainees' access to US courts."
Posted at 05:15 PM by Howard Bashman

Access online the transcript of today's U.S. Supreme Court oral argument in Claiborne v. United States, No. 06-5618: You can access the transcript in the second of two important U.S. Sentencing Guidelines cases argued today at this link.
Posted at 05:08 PM by Howard Bashman

"Appellate panel urged to give Ryan a new trial": The Chicago Tribune provides a news update that begins, "Following an hour of oral arguments this morning, a three-judge federal appeals panel took under advisement a defense motion for a new trial for former Gov. George Ryan and his convicted co-defendant, Larry Warner."

And The Associated Press reports that "Ryan lawyers say jury turmoil made fair verdict impossible."

The appeal was argued today before a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit consisting of Circuit Judges Daniel A. Manion, Michael S. Kanne, and Diane P. Wood.
Posted at 05:05 PM by Howard Bashman

"Appeals Court Denies Detainee Challenges": law.com's T.R. Goldman provides this news update.
Posted at 04:30 PM by Howard Bashman

Recent posts of note at the "LawBeat" blog: Finally a blog that seeks to critique legal journalism. A post bearing yesterday's date is titled "Late (but not last) word on 'Supreme Conflict.'"

And a post dated today begins, "Robert Barnes does something remarkable for a beat reporter: He steps outside the bubble in his story today."
Posted at 04:24 PM by Howard Bashman

"High Court Rejects Award in Philip Morris Case": law.com's Tony Mauro provides this news update.
Posted at 04:10 PM by Howard Bashman

"Supreme Court Reverses Tobacco Liability Award": This audio segment (RealPlayer required) featuring Law Professor Rick Hasen (who knows a thing or two about remedies in addition to election law) appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:27 PM by Howard Bashman

"Leak Lawyers Close on Credibility Issue": The Associated Press provides this report.

And The Washington Post provides a news update headlined "Libby's Claims 'Not Credible,' Prosecutors Say."
Posted at 03:22 PM by Howard Bashman

"Guantanamo Detainees Can't Challenge Their Cases in U.S. Courts, Appellate Panel Rules": The Washington Post provides this news update.

The Los Angeles Times provides a news update headlined "Guantanamo challenges rejected."

Today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Court: Detainees Can't Challenge Detentions" (RealPlayer required).

And at "Balkinization," Marty Lederman has a post titled "Initial Thoughts on Boumediene."
Posted at 03:20 PM by Howard Bashman

"Justices overturn award against tobacco company": David G. Savage of The Los Angeles Times provides this news update.

And Robert Barnes and Howard Schneider of The Washington Post provide a news update headlined "Supreme Court Nixes Award Against Philip Morris."
Posted at 03:14 PM by Howard Bashman

Access online the transcript of today's U.S. Supreme Court oral argument in Rita v. United States, No. 06-5754: You can access the transcript in this important U.S. Sentencing Guidelines case at this link.
Posted at 03:00 PM by Howard Bashman

"Judicial Retirement Strategy": Columnist Kenneth Jost has this essay in the current issue of CQ Weekly.
Posted at 02:50 PM by Howard Bashman

"Supreme Court Denies Cert. in Coltec & Dow Chemical Tax Shelter Cases": "TaxProf Blog" provides this report.
Posted at 02:45 PM by Howard Bashman

"High Court Limits Antitrust Suits in Weyerhaeuser Win": Greg Stohr of Bloomberg News provides this report.

The Associated Press reports that "Court Tosses Award Against Weyerhaeuser."

And Reuters provides reports headlined "Court won't hear challenge to state cigarette fee" and "U.S. Supreme Court likely to hear muni tax case: panel."
Posted at 02:30 PM by Howard Bashman

Today's rulings of note from the U.S. Court of Appeals for the Seventh Circuit: The "gifties" versus "tards" T-shirt dispute today produces an opinion written by Circuit Judge Richard A. Posner on behalf of a unanimous three-judge panel. Here's a passage from the ruling (citations omitted):

Of course there can be speech printed on clothing, political symbols such as a swastika or a campaign button affixed to clothing, and masks and costumes that convey a political or other message. Merely wearing clothes inappropriate to a particular occasion could be a political statement. For that matter, parading in public wearing no clothing at all can, depending on the circumstances, convey a political message. But the picture and the few words imprinted on the Brandt T-shirt are no more expressive of an idea or opinion that the First Amendment might be thought to protect than a young child's talentless infantile drawing which Brandt's design successfully mimics. Otherwise every T-shirt that was not all white with no design or words, with not even the manufacturer's logo or the owner’s name tag, would be protected by the First Amendment, and schools could not impose dress codes or require uniforms without violating the free speech of the students, a proposition sensibly rejected in the Blau case.

Today's ruling affirms the entry of summary judgment against the "gifties." My earlier coverage of this case can be accessed here.

And in another decision of note issued today, Judge Posner has written an opinion on behalf of a unanimous three-judge panel affirming the entry of summary judgment against a woman who sued the owner of the hotel in Washington, DC where she was raped. At the time of the crime, the woman was a guest at the hotel, as was the perpetrator of the crime. The opinion contains a very interesting discussion of an inkeeper's duties to keep the guests safe from crime.
Posted at 01:15 PM by Howard Bashman

"Court Rules Against Death Row Inmate": The Associated Press provides a report that begins, "The Supreme Court ruled Tuesday that a Florida death row prisoner lost an opportunity to challenge his conviction in the federal court system because he missed a one-year filing deadline."
Posted at 11:55 AM by Howard Bashman

"Court tosses punitive damages against Big Tobacco": Bill Mears provides this report at CNN.com.

Greg Stohr of Bloomberg News reports that "Supreme Court Limits Punitive Awards, Backs Altria."

And Reuters reports that "Court sets aside award in Philip Morris case."
Posted at 11:35 AM by Howard Bashman

"Court to Review N.Y. Judgeship Process": The Associated Press provides a report that begins, "The Supreme Court on Tuesday agreed to review whether New York state's method of picking trial judges violates the Constitution by giving too much power to political bosses."
Posted at 11:22 AM by Howard Bashman

Access online today's U.S. Supreme Court ruling in Lawrence v. Florida, No. 05-8820: The Court has posted online today's other 5-4 ruling at this link.

Justice Clarence Thomas issued the opinion of the Court, in which the Chief Justice and Justices Antonin Scalia, Anthony M. Kennedy, and Samuel A. Alito, Jr. joined. Justice Ruth Bader Ginsburg issued a dissenting opinion, in which Justices John Paul Stevens, David H. Souter, and Stephen G. Breyer joined.
Posted at 10:53 AM by Howard Bashman

Access online today's U.S. Supreme Court Order List: If you make it past more than 35 pages of GVR's based on Cunningham v. California, you'll see that the Court today granted review in two new cases and called for the views of the Solicitor General in one case. The Order List can be accessed here.
Posted at 10:50 AM by Howard Bashman

"Court: Detainees Can't Challenge Cases." The Associated Press provides this report. My earlier coverage appears at this link.
Posted at 10:44 AM by Howard Bashman

Access online today's U.S. Supreme Court ruling in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., No. 05-381: The Court has posted the decision online at this link.
Posted at 10:40 AM by Howard Bashman

Access online today's ruling of the Supreme Court of the United States in Philip Morris USA v. Williams, No. 05-1256: The Court has posted the decision online at this link.

Joining in Justice Stephen G. Breyer's majority opinion were the Chief Justice and Justices Anthony M. Kennedy, David H. Souter, and Samuel A. Alito, Jr. Dissenting were Justices John Paul Stevens, Antonin Scalia, Clarence Thomas, and Ruth Bader Ginsburg.
Posted at 10:35 AM by Howard Bashman

"Court Nixes Award Against Philip Morris": The Associated Press provides this report.

According to The AP's report, "The 5-4 ruling was a victory for Altria Group Inc.'s Philip Morris USA, which contested an Oregon Supreme Court decision upholding the verdict. In the majority opinion written by Justice Stephen Breyer, the court said the verdict could not stand because the jury in the case was not instructed that it could punish Philip Morris only for the harm done to the plaintiff, not to other smokers whose cases were not before it."
Posted at 10:25 AM by Howard Bashman

"Do federal courts have jurisdiction over petitions for writs of habeas corpus filed by aliens captured abroad and detained as enemy combatants at the Guantanamo Bay Naval Base in Cuba?" So begins today's ruling by a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit.

The majority, in an opinion written by Circuit Judge A. Raymond Randolph and joined in by Circuit Judge David B. Sentelle, holds that jurisdiction is lacking. Circuit Judge Judith W. Rogers has issued a lengthy dissenting opinion.
Posted at 10:15 AM by Howard Bashman

"Court limits punitive damages": Lyle Denniston has this post at "SCOTUSblog."
Posted at 10:14 AM by Howard Bashman

"The Supreme Court has thrown out a $79.5 million punitive damages verdict against cigarette maker Philip Morris." The Associated Press provides this news alert.
Posted at 10:12 AM by Howard Bashman

Today's rulings of note from the U.S. Court of Appeals for the Sixth Circuit: In an opinion issued today, a unanimous three-judge panel has affirmed the entry of summary judgment against James Nichols, the brother of convicted Oklahoma City bomber Terry Nichols and acquaintance of convicted Oklahoma City bomber Timothy McVeigh, in his lawsuit against filmmaker Michael Moore asserting defamation claims arising from the movie "Bowling for Columbine."

And in a separate ruling issued today, the operators of box trucks displaying on their exteriors "large, colorful pictures depicting graphic images of first-term aborted fetuses" have achieved the reinstatement of certain of their claims alleging a violation of their federal constitutional rights during a confrontation with police in an Ohio town.
Posted at 10:04 AM by Howard Bashman

"The Chief Justice's Quest for Less Fractured Supreme Court Rulings": Because of yesterday's holiday, this week's installment of my "On Appeal" column for law.com bears today's date.
Posted at 08:44 AM by Howard Bashman

"Big tobacco asks Supreme Court to clarify ad restrictions, make it more like beer": Canadian Press provides this report.
Posted at 08:37 AM by Howard Bashman

"Judges to hear Ryan appeal": The Chicago Tribune provides a news update that begins, "Attorneys for former Gov. George Ryan will have a half hour before a federal appeals court today to try to persuade a three-judge panel to overturn the racketeering and fraud conviction of their client."

And The Chicago Sun-Times today contains an article headlined "Second chance for Ryan; Juror replacement rulings likely focus of appeals court today."

Once the U.S. Court of Appeals for the Seventh Circuit posts online the oral argument audio, I will link to it.
Posted at 08:30 AM by Howard Bashman

"Critics fear SEC chief is seeking to limit investors' ability to sue; Cox says he wants to prevent 'abusive litigation'; But recent events raise questions about his intentions": This article appears today in The Los Angeles Times.
Posted at 08:20 AM by Howard Bashman

"Libby Trial Dodges The Truth": Josh Gerstein has this article today in The New York Sun.

Reuters reports that "Libby has one final chance to beat perjury charge."

And The New York Times reports today that "Trial Spotlights Cheney's Power as an Infighter."
Posted at 08:14 AM by Howard Bashman

The Atlanta Journal-Constitution is reporting: Today's newspaper contains an article headlined "Lawmakers argue over penalty for teen sex crime; Senate leader opposes bill to give judges a year to review cases like one in Douglas" that begins, "A war of words has erupted over the highly publicized case of a Douglas County teenager sentenced to 10 years in prison for having consensual sex with a minor."

And in other news, "Fee fight could halt death penalty cases."
Posted at 08:11 AM by Howard Bashman

"Deliverance by DNA": This article, part three in a three-part series on the death penalty in the United States, appears today in The National Post of Canada. I earlier linked here to parts one and two.

And BBC News reports that "US wrestles with execution question; On a pitch black winter's night at the Lady of Mercy church in the small town of Potomac, Maryland, about 50 people have braved sub-freezing temperatures to hear a chilling tale of an early death."
Posted at 08:07 AM by Howard Bashman

"Florida Executioner Says Procedures Were Followed": The New York Times contains this article today.

The St. Petersburg Times today contains an article headlined "Claims of faulty injection disputed; Expert: Needles tore inmate's veins after execution, not during."

And The Gainesville Sun contains an article headlined "Doctor: Execution not medical work."
Posted at 08:04 AM by Howard Bashman

"Kearny student moves to sue district; He cites harassment after challenging teacher's preaching": This article appears today in The Newark (N.J.) Star-Ledger.

The New York Times reports today that "Student, 16, Finds Allies in His Fight Over Religion."

And The Herald News of Passaic reports that "Classroom pulpit sparks legal action."
Posted at 07:50 AM by Howard Bashman

"'A Skull Full of Mush'": Today in The New York Times, Ann Althouse has an op-ed (TimesSelect temporary pass-through link) that begins, "'The Paper Chase' is the book you're supposed to read before you go to law school. 'Paper Chase' or 'One L.'"
Posted at 07:40 AM by Howard Bashman

Monday, February 19, 2007

"Supreme Court's new tilt could put Scalia on a roll; The outspoken justice is poised to lead a new conservative majority": David G. Savage will have this article Tuesday in The Los Angeles Times.
Posted at 11:05 PM by Howard Bashman

"Justices to Revisit Thorny Issue of Sentencing Guidelines in First Cases After Recess": Linda Greenhouse will have this article Tuesday in The New York Times.
Posted at 11:02 PM by Howard Bashman

"Bill to Aid Georgian Convicted of Sex Crime Stalls in Assembly": The New York Times on Tuesday will contain an article that begins, "The second piece of legislation introduced with the intent of helping Genarlow Wilson, a former honor student and star athlete who is serving a 10-year prison sentence for having oral sex with a 15-year-old classmate, may be in trouble in the Georgia General Assembly."
Posted at 10:58 PM by Howard Bashman

"A Hearing Without Being Heard; As Justices Take Case, Plaintiff Finds It Has Little to Do With Her Anymore": Robert Barnes will have this article Tuesday in The Washington Post.
Posted at 10:55 PM by Howard Bashman

"The Defendant Isn’t the Only Player With a Personal Stake in the Libby Verdict": Neil A. Lewis has this article today in The New York Times.
Posted at 10:48 PM by Howard Bashman

"Microsoft's Rivals Root for It in Supreme Court Clash With AT&T": Greg Stohr of Bloomberg News provides this report.
Posted at 10:15 PM by Howard Bashman

"Supreme Court to rule on US patent law": Patti Waldmeir of Financial Times provides this news update.
Posted at 07:18 PM by Howard Bashman

"Supreme Court revisits how much leeway judges can have in sentencing; At issue is whether a set of Congressional guidelines or a judge's reasoned judgment should prevail": Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 05:05 PM by Howard Bashman

"91% oppose sex-toy law in Daily poll": This article appears today in The Decatur (Ala.) Daily.

And The Tuscaloosa News today contains an editorial entitled "Appeals court upholds a trivial state law on sex toys."

My earlier coverage of the Eleventh Circuit's Valentine's Day ruling can be accessed here.
Posted at 04:40 PM by Howard Bashman

"Families can sue ex-coroner, employees; Appeals court: They are personally liable over morgue photos." Saturday's edition of The Cincinnati Enquirer contained this article. My earlier coverage of last Friday's Sixth Circuit ruling can be accessed here.
Posted at 04:37 PM by Howard Bashman

"Supreme Court is sturdy enough to absorb modernizing eye of television camera": This editorial appears today in The Allentown Morning Call.
Posted at 04:35 PM by Howard Bashman

"When Lawyers and Juries Mete Out Punishment": As I noted in this post last night, today's installment (TimesSelect temporary pass-through link) of Adam Liptak's "Sidebar" column in The New York Times focuses on a punitive damages award against Ford Motor Company that is the subject of a cert. petition now pending before the Supreme Court of the United States.

I have obtained an electronic copy of the cert. petition, and I have posted it at this link. Former Solicitor General Theodore B. Olson is counsel of record for Ford.
Posted at 03:33 PM by Howard Bashman

"'Travelers Casualty' Case Before U.S. Supreme Court Could Have Major Bankruptcy Ramifications": Craig M. Rankin and Anne E. Wells have this essay (free access) in the current issue of The National Law Journal.

Also in that publication, Jesselyn Radack has an essay entitled "A blacklist's real face" (free access).

And Carl Tobias has an essay entitled "Maryland reassesses lethal injection" (free access).
Posted at 03:22 PM by Howard Bashman

"Mental state key to death sentence; Alleged killer of policeman couldn't be executed if a judge rules he is retarded": This article appears today in The San Jose Mercury News.
Posted at 01:38 PM by Howard Bashman

"That's History: Eats, shoots, and lawyers." Christopher Moore has this essay online today at the Law Times of Canada web site.
Posted at 01:35 PM by Howard Bashman

"Framing the Presidency": Online today at The Nation, Aziz Huq has an essay that begins, "Here's a good question for President's Day: What kind of executive branch did America's constitutional framers have in mind? It's a question with which federal courts are now busy wrestling. And the quality of liberty American citizens enjoy very much depends on their answers."
Posted at 01:32 PM by Howard Bashman

Legal Blawgs Web Archive Collection

Legal Blawgs Web Archive Collection