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Archived: 08/02/2007 at 18:52:02
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Thursday, August 02, 2007 "Court Rules Against La. Katrina Victims": The Associated Press provides a report that begins, "A federal appeals court ruled Thursday against Hurricane Katrina victims who argued their insurance policies should have covered flood damage caused by levee breaches that flooded 80 percent of New Orleans during the 2005 storm. The case could affect thousands of rebuilding residents and business owners in Louisiana. An insurance expert had said a ruling against the industry could have cost insurers $1 billion." The U.S. Court of Appeals for the Fifth Circuit has not yet posted this ruling to its web site. "Court puts limits on surveillance abroad; The ruling raises concerns that U.S. anti-terrorism efforts might be impaired at a time of heightened risk": This article appears today in The Los Angeles Times. Posted at 08:40 AM by Howard Bashman "'Dolphin-safe' tuna label secure; government gives up": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A conservation group that went to court to preserve standards for 'dolphin-safe' labels on canned tuna declared victory Wednesday with the passing of a deadline for the federal government to appeal to the U.S. Supreme Court." My earlier coverage of the Ninth Circuit's April 2007 ruling can be accessed here and here. "Administration Again Rebuffs Senators; Rove Ordered Not to Cooperate; Gonzales Refuses to Alter Testimony": This article appears today in The Washington Post. And an editorial is entitled "Investigating Mr. Gonzales: The Justice Department's inspector general should take the lead." The New York Times reports today that "Gonzales Offers a Defense to Senate Panel." McClatchy Newspapers report that "Bush invokes executive privilege for Rove in attorney firings." USA Today reports that "Leahy sees 'word parsing' in clarification by Gonzales." Bloomberg News reports that "Rove Won't Appear Before Senate Panel to Testify About Firings." And The Hill reports that "Gonzales has until Friday to explain testimony." Available online from law.com: Shannon P. Duffy reports that "Firm Founder's Shower Fall Leads to Significant Jurisdiction Ruling at 3rd Circuit." You can access last week's ruling of the U.S. Court of Appeals for the Third Circuit at this link. And an article reports that "Student Who Wrote Violent Story Loses Appeal at 11th Circuit; Panel rules school was in its power to suspend teen in light of other incidents of school violence across the nation." My earlier coverage of Tuesday's Eleventh Circuit ruling appears at this link. "Senate panel sets vote on judge; Southwick nomination not expected to pass committee muster today": This article appears today in The Clarion-Ledger of Jackson, Mississippi. Posted at 07:42 AM by Howard Bashman Wednesday, August 01, 2007 "Seventh Circuit affirms Judge Adelman's below-guideline work": At his "Sentencing Law and Policy," Doug Berman has this post about an interesting ruling that Seventh Circuit Judge Diane S. Sykes issued today on behalf of a unanimous three-judge panel of that court upholding a below-Guidelines sentence on a conviction for downloading and electronically sharing child pornography. Posted at 11:32 PM by Howard Bashman Fifth Circuit holds that Texas law which restricts the right of an auto insurer to own and operate auto body shops in that State does not violate the dormant Commerce Clause but does in certain respects violate the First Amendment: You can access today's ruling at this link. Posted at 11:17 PM by Howard Bashman "Originalist Sins: The faux originalism of Justice Clarence Thomas." Doug Kendall and Jim Ryan have this jurisprudence essay online at Slate. Posted at 10:48 PM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Gonzales Admits Testimony 'Confusing'"; "Judge Nominee Runs Into Senate Trouble"; "House Panel Approves Reporter Shield"; and "Bush Likely to Prevent Aides' Testimony." Posted at 10:37 PM by Howard Bashman Programming note: Following my participation in a panel discussion at the 16th Annual Meeting of the Conference of Court Public Information Officers this afternoon in Columbus, Ohio, I'll be heading home. Additional posts will appear tonight. Posted at 11:30 AM by Howard Bashman U.S. Court of Appeals for the Federal Circuit affirms decision declaring District of Columbia's Prescription Drug Excessive Pricing Act of 2005 preempted by the federal patent laws and enjoining that act's enforcement: You can access today's Federal Circuit ruling at this link. Challengers to the act provide additional background on the case here and here. Posted at 11:20 AM by Howard Bashman "This case calls upon us to decide whether the New York Mercantile Exchange, Inc. can enforce a copyright in the settlement prices it produces to value customers' open positions." So begins an opinion that a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today. Posted at 11:11 AM by Howard Bashman "Pork at issue in doughnut franchise row; Discrimination claimed in lawsuit as Muslim proprietor is threatened with loss of business": This article appears today in The Chicago Tribune. My earlier coverage of last month's Seventh Circuit ruling appeared in a post titled "Dunkin Donuts may regret going whole hog on this particular franchisee." "A Moose for a Lawyer": Eugene Volokh has this post at "The Volokh Conspiracy," discussing a Seventh Circuit ruling that I noted yesterday. As a comment to Eugene's post observes, it's not impossible to have a Moose for a lawyer. "Padilla Lawyers: No Defense Witnesses." The Associated Press provides this report. Posted at 09:05 AM by Howard Bashman "Roberts Back at Summer Home After Seizure; Chief Justice and His Doctors Must Decide About Medication": Robert Barnes and Shankar Vedantam have this article today in The Washington Post. USA Today reports today that "Roberts leaves hospital, said to be 'in great spirits'; Chief justice faces greater risk after second seizure." And The Los Angeles Times contains an editorial entitled "Roberts' welcome openness: The transparency surrounding the chief justice's seizure should set a precedent for the Supreme Court." "Shielding Sources: Journalists need protection at the federal level." This editorial appears today in The Washington Post. And The Los Angeles Times today contains an editorial entitled "Get behind a shield law: Congress should reject attempts to water down legislation that would let journalists protect their sources." "Gonzales's Woes Create Legal Liability for Bush Administration": Bloomberg News provides this report. And today in The Washington Post, Dana Milbank's "Washington Sketch" column is headlined "Here Lies a Man Impeached." "U.S. Attorney Became Target After Rebuffing Justice Dept." This front page article appears today in The Washington Post. The Roanoke Times reports today that "Brownlee retells events that led to Purdue plea; In testimony before a Senate judiciary panel, the U.S. attorney described his encounter with a Justice official." And USA Today reports that "U.S. attorney tells of clash before he was placed on list." "Musharraf Accepts Chief Justice Ruling": The Associated Press provides a report that begins, "President Gen. Pervez Musharraf has publicly accepted a court ruling that reversed his suspension of Pakistan's chief justice, saying judicial independence was essential to governing the country, state media said Wednesday." Posted at 08:30 AM by Howard Bashman "NSA Spying Part of Broader Effort; Intelligence Chief Says Bush Authorized Secret Activities Under One Order": The Washington Post today contains a front page article that begins, "The Bush administration's chief intelligence official said yesterday that President Bush authorized a series of secret surveillance activities under a single executive order in late 2001. The disclosure makes clear that a controversial National Security Agency program was part of a much broader operation than the president previously described. The disclosure by Mike McConnell, the director of national intelligence, appears to be the first time that the administration has publicly acknowledged that Bush's order included undisclosed activities beyond the warrantless surveillance of e-mails and phone calls that Bush confirmed in December 2005." And USA Today reports today that "Letter attempts to clarify Gonzales' testimony; Specter sought explanation from national spy chief." "Court Okays Using Churches As Polling Places": Today in The New York Sun, Josh Gerstein has an article that begins, "Using a Catholic church as a polling place does not violate the Constitution, even if voters are told to cast their ballots in a room containing crucifixes and other religious icons, a federal judge in Florida ruled." I have posted online at this link yesterday's ruling of the U.S. District Court for the Southern District of Florida. Tuesday, July 31, 2007 "Uncertainty Now in a Golden Youth's Trajectory": In Wednesday's edition of The New York Times, Linda Greenhouse will have an article that begins, "No matter what his doctors eventually tell John G. Roberts Jr., or the world, about the diagnosis and outlook for his seizure disorder, it is clear that something changed irrevocably following the 52-year-old chief justice's momentary loss of consciousness on a vacation island dock on Monday afternoon. He lost his privacy, and with it the aura of invincibility that came with his youthful good looks and spectacular career path." In addition, Denise Grady and Lawrence K. Altman will have an article headlined "After Seizure, Roberts Faces Hard Decision." Pawtucket Red Sox 5, Columbus Clippers 4 (10 innings): Doug Berman of the "Sentencing Law and Policy" blog and I had the pleasure of watching Curt Schilling of the Boston Red Sox pitch seven scoreless innings tonight in what is expected to be Schilling's final minor league appearance before returning to the big leagues. Although the home team managed four hits off of Schilling, it was not until the bullpen of the PawSox took over that the Clippers managed to tie the game, plating four runs in the bottom of the eighth. But Columbus, despite having chances, failed to score the go-ahead run in that half inning, and the PawSox took the lead and earned the victory in the 10th inning. Schilling, despite the strong outing, received a no-decision. You can access the box score at this link, while a wrap is available here. And The Associated Press reports that "Schilling strong in 3rd rehab start." Update: MLB.com reports that "Schilling says he's ready to go; After strong rehab start, veteran could rejoin Red Sox's rotation." The Boston Globe reports that "Schilling right on target; Final rehab start silences doubts." The Providence (R.I.) Journal reports that "Schilling shines in Columbus, makes his way back to Boston." And Wednesday in The Columbus (Ohio) Dispatch, an article reports that "Schilling shuts down Clippers," while Bob Hunter has an essay entitled "Seeing Schilling pitch creates lasting memory." "Chief Justice Released From Hospital; Roberts to Continue Vacation Following Seizure": Robert Barnes and Michael D. Shear of The Washington Post provide this news update. Posted at 05:15 PM by Howard Bashman "'Giant Killer' Willie Gary is a titan in legal world": This lengthy article appeared yesterday in The Miami Herald. Posted at 05:14 PM by Howard Bashman "How a Patent Ruling Is Changing Court Cases": Today in The Wall Street Journal, Peter Lattman has an article that begins, "Three months after the Supreme Court handed down what many called a landmark patent decision, judges have begun to rule in favor of companies defending themselves against infringement lawsuits -- in one case dismissing a suit and in another ordering a review." Posted at 05:12 PM by Howard Bashman "11th Circuit asked to toss teen's suspension for 'disturbing' story": In May 2007, The Associated Press published a report that begins, "Less than two weeks after the deadliest shootings in modern U.S. history, members of a federal appeals court had skeptical questions in the case of a student who was suspended for a story she wrote about shooting and killing her math teacher." And in even earlier coverage from The AP, "Student disciplined over journal entry files lawsuit" and "Federal court dismisses lawsuit by student punished for story." Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued a decision affirming the federal district court's dismissal of the lawsuit. Additional background about the case is available from CNN.com here, here, and here. The Smoking Gun has posted at this link the journal entry at issue. "Idaho to Celebrate Investiture of Ninth Circuit Judge N. Randy Smith": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit has issued this news release. Posted at 04:50 PM by Howard Bashman "[W]e recognize that six courts of appeals have held that a waiver of appeal [by a criminal defendant as part of a plea agreement] does not relieve counsel of the duty to file a notice of appeal on his client's request": Today, however, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a very interesting opinion disagreeing with that proposition. Chief Judge Frank H. Easterbrook wrote the opinion. Posted at 04:40 PM by Howard Bashman Programming note: I'm traveling to Columbus, Ohio this afternoon, where tomorrow I'll be playing the role of the proverbial "law blogger to be named later" in a panel discussion at the 16th Annual Meeting of the Conference of Court Public Information Officers. This evening in Columbus, a certain sentencing law blogger and I will be attending a AAA minor league baseball game between the Columbus Clippers and the Pawtucket Red Sox. As luck would have it, I obtained fourth-row seats midway between home plate and first base before it was announced that Boston Red Sox pitcher Curt Schilling would be making his final rehab appearance in the minors this evening for the PawSox. As The Columbus Dispatch reports in an article published today, "Baseball will replace mystery meat as the main attraction tonight in Cooper Stadium with Curt Schilling pitching for Pawtucket." I'm bringing my camera and will post some photos from the game after I return home tomorrow night. "Roberts to Leave Hospital Tuesday": The Associated Press provides this updated report. Posted at 11:15 AM by Howard Bashman "Shoe bomber Richard Reid: Jail's where Allah wants me." This article appeared yesterday in The Mirror (UK). Posted at 11:11 AM by Howard Bashman "Roberts Tells Bush He's OK After Seizure": The Associated Press provides a report that begins, "Chief Justice John Roberts told President Bush Tuesday he was doing well after sustaining a seizure at his Maine vacation home, the White House said." Posted at 10:50 AM by Howard Bashman "Seizure Preceded Chief Justice's Fall": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 09:00 AM by Howard Bashman "Appeals court sustains Johnson death sentence": The Globe Gazette of Mason City, Iowa today contains an article that begins, "The 8th Circuit Court of Appeals on Monday affirmed the conviction and death penalty sentence of Angela Johnson, ruling on her first appeal." My earlier coverage of yesterday's Eighth Circuit ruling appears at this link. "Short of Perjury": Today in The Washington Post, columnist Ruth Marcus has an op-ed that begins, "I find myself in an unaccustomed and unexpected position: defending Attorney General Alberto Gonzales." Posted at 08:33 AM by Howard Bashman "Enron Plaintiffs Get More Support; Legislators Join Bid On Investors' Rights": The Washington Post today contains an article that begins, "Two key Democratic lawmakers yesterday became the latest federal officials seeking to intervene in a Supreme Court case that could determine whether investors in Enron and other fraud-ridden companies can recover money from third parties." Posted at 08:30 AM by Howard Bashman "Chief Justice Roberts suffers seizure; Neurological testing reveals no cause for concern and he's 'fully recovered'; The cause remains unknown": David G. Savage has this article today in The Los Angeles Times. And USA Today reports today that "Chief justice OK after seizure; Similar incident occurred in 1993." "House bill to lift limits on pay lawsuits; The legislation, expected to pass Tuesday, would override a high court ruling on a law requiring workers to file discrimination claims in 180 days": This article appears today in The Los Angeles Times. Posted at 07:55 AM by Howard Bashman Monday, July 30, 2007 "Chief Justice Is Admitted to Hospital After Seizure": Linda Greenhouse will have this article Tuesday in The New York Times. And David G. Savage of The Los Angeles Times provides a news update headlined "Chief Justice Roberts has seizure; Neurological tests found no reason for concern, the Supreme Court says, and he's 'fully recovered'; The cause is unknown; He had a similar event in 1993." "Complaints filed against Supreme Court justice; Judge accepted illegal discount on his legal bill, group says": The Austin American-Statesman last week published an article that begins, "An advocacy group has filed three complaints against Texas Supreme Court Justice Nathan Hecht, alleging that he broke the law when he accepted a $100,000 discount on legal bills. Texas Watch filed the complaints Tuesday with the Travis County district attorney's office, the State Commission on Judicial Conduct and the Texas Ethics Commission. The nonprofit advocacy group for consumers said Hecht received a discount of up to 25 percent on legal expenses for his appeal of an ethics rebuke. The State Commission on Judicial Conduct reprimanded Hecht for his support of friend Harriet Miers' 2005 nomination to the U.S. Supreme Court, alleging that he improperly used his official position to promote Miers. However, a special review court tossed out the sanction." The Houston Chronicle reported last week that "Texas high court justice under review for attorney discount." The Fort Worth Star-Telegram reported last week that "Complaint filed against state court justice." The Daily Texan reported last week that "Hecht faces complaints on legal fees." And Texas Lawyer reports that "Complaints Filed Over Discounted Fees for Texas Justice Caught in Miers Nomination Flap." "Chief Justice Suffers Seizure; Roberts Is Fine, Spokeswoman Says": Robert Barnes and Michael D. Shear will have this front page article Tuesday in The Washington Post. Posted at 10:38 PM by Howard Bashman "Chief Justice Roberts Is Hospitalized After Seizure": Linda Greenhouse of The New York Times provides this news update. Posted at 10:33 PM by Howard Bashman "Shortsighted on Judges": Stuart Taylor Jr. has this essay in today's issue of National Journal. Posted at 08:37 PM by Howard Bashman "Chief Justice Roberts Suffers Seizure": The Associated Press provides a report that begins, "Chief Justice John Roberts suffered a seizure at his summer home in Maine on Monday, causing a fall that resulted in minor scrapes, Supreme Court spokeswoman Kathy Arberg said. He will remain in a hospital in Maine overnight." The Washington Post provides a news update headlined "Supreme Court Chief Suffers a Seizure." The Courier-Gazette of Rockland, Maine provides a news update headlined "Chief Justice Roberts to spend night at hospital." CNN.com reports that "Chief justice tumbles after seizure." Bloomberg News reports that "Chief Justice Roberts Falls After Seizure, Court Says." Reuters reports that "Chief Justice Roberts suffers seizure, fall." And in this post at "SCOTUSblog," you can access the U.S. Supreme Court's official statement issued this evening. "Chief Justice Roberts hospitalized; He was at his vacation home in Maine when he fell, court says": NBC News provides this breaking news. At "SCOTUSblog," Lyle Denniston has a post that begins, "Chief Justice John G. Roberts, Jr., fell at his vacation home in Maine at mid-afternoon, and was taken to a hospital in the area 'as a precaution,' the Supreme Court disclosed Monday. There were no immediate details on whether he was injured, or how severely, or about the circumstances of his fall, according to Kathleen L. Arberg, the Court's public information officer." The Associated Press reports that "Supreme Court Chief Taken to Hospital." Bill Mears and Jean Meserve of CNN report that "Chief Justice tumbles at Maine summer home." Additionally, Jeffrey Toobin, reporting on CNN television, stated at 3:50 p.m. eastern time that the fall occurred around 2 p.m. eastern time this afternoon. Bloomberg News reports that "Chief Justice John Roberts Hospitalized After Fall ." And Reuters reports that "Chief Justice Roberts taken to hospital." Unanimous three-judge Eighth Circuit panel rejects Angela Johnson's efforts to overturn the federal death sentence imposed against her: According to Wikipedia, Johnson is "the first woman sentenced to die by a federal court in over 50 years." Today's decision was not a total loss for Johnson, in that she appears to have achieved the vacation of four death sentences and one sentence of life imprisonment. Unfortunately for her, she began the appeal facing eight death sentences and two sentences of life imprisonment, meaning that she still faces four death sentences and one sentence of life imprisonment. Extensive coverage of the underlying trial is available online via this link from The Globe Gazette of Mason City, Iowa. Prison guards at the Federal Correctional Institution in Jesup, Georgia are not entitled to receive enhanced back pay for their exposure to inmates' smoking, the U.S. Court of Appeals for the Federal Circuit rules: A unanimous three-judge Federal Circuit panel issued this decision today. Posted at 11:33 AM by Howard Bashman "Justice John Paul Stevens in Honolulu": You can view this past Saturday's broadcast of C-SPAN's "America and the Courts" by clicking here (RealPlayer required). Posted at 08:57 AM by Howard Bashman "Gun control goes to court? The Supreme Court may takes its first 2nd Amendment case in more than 60 years." This editorial appears today in The Los Angeles Times. Posted at 08:30 AM by Howard Bashman "Gonzales's Truthfulness Long Disputed; Claims of Misstatements to Shield Bush Stretch Back a Decade": The Washington Post contains this front page article today. USA Today reports today that "Dems skeptical over hint of 2 surveillance efforts; Discrepancies between Gonzales, FBI director raise more questions." And The Washington Times reports that "Senators warn Gonzales he must clarify testimony." "Appeals jurist takes senior status; Widener's departure brings 4th Circuit vacancies to five": This article appears today in The Richmond Times-Dispatch. The newspaper also contains a related editorial entitled "Vacancies." "Solicitor faced with crucial decision but few guidelines": Today's issue of USA Today contains an article that begins, "Any decision to appoint a special prosecutor to investigate Attorney General Alberto Gonzales for allegedly lying to Congress rests with his subordinate, Solicitor General Paul Clement, who has few rules to guide him." And at her "Legalities" blog, ABC News correspondent Jan Crawford Greenburg has a post titled "Clement and His Options." "Judging the Judges": The New York Sun today contains an editorial that begins, "It is no small thing that a federal judge had to tell the state's presiding administrative judges that they flubbed the First Amendment when drafting new rules about attorney advertising in the State of New York." Posted at 07:50 AM by Howard Bashman "Solons Aim To Reverse Ruling Curbing Asylum for Chinese": Today in The New York Sun, Joseph Goldstein has an article that begins, "Congress, led by members of New York's delegation, is considering whether to ease the granting of political asylum to those affected by China's forcible sterilization and abortion policies." Posted at 07:48 AM by Howard Bashman "After Flawed Executions, States Resort to Secrecy": You can access at this link (TimesSelect temporary pass-through link) today's installment of Adam Liptak's "Sidebar" column. Posted at 07:44 AM by Howard Bashman "An Unsolved Killing: What does the firing of a U.S. Attorney have to do with a murder case?" Jeffrey Toobin has this article about the murder of Seattle-based Assistant U.S. Attorney Tom Wales in the August 6, 2007 issue of The New Yorker. Posted at 07:35 AM by Howard Bashman Sunday, July 29, 2007 "A Lawyer Who Turned a Judge Into a National Cause": Saturday's edition of The New York Times contained an article that begins, "In the hands of a lesser political bloodhound, the matter might have been simply a court case to decide the fate of the chief justice of Pakistan. In the hands of Aitzaz Ahsan, one of the country's best known lawyer-politicians, the case of the chief justice was rendered a case of justice under military rule." Posted at 11:08 PM by Howard Bashman "Mr. Gonzales's Never-Ending Story": This editorial appears today in The New York Times. Posted at 10:30 PM by Howard Bashman "Sticking to His Story: Republicans don't believe him; The FBI director contradicted him; How does Gonzales hang on?" Michael Isikoff will have this article in the August 6, 2007 issue of Newsweek. Posted at 08:17 PM by Howard Bashman "Mining of Data Prompted Fight Over U.S. Spying": The New York Times today contains a front page article that begins, "A 2004 dispute over the National Security Agency's secret surveillance program that led top Justice Department officials to threaten resignation involved computer searches through massive electronic databases, according to current and former officials briefed on the program." Posted at 07:10 PM by Howard Bashman Available online at law.com: Tony Mauro reports that "Both Sides Fear Firing Blanks if D.C. Gun Case Reaches High Court." An article is headlined "2nd Circuit: No Time Bar for WorldCom Bondholders." My earlier coverage of the Second Circuit's ruling appears at this link. In other news, "Private Communities Can Regulate Residents' Speech, N.J. High Court Rules." My earlier coverage of the ruling appears at this link. An article reports that "Fla. Appeals Panel Finds in Error Judge Who Made Columbine Remarks." And the latest installment of my weekly "On Appeal" column is headlined "In Intra-Circuit Splits, Which Decision Governs?" "A Long Shot": The Citizens Voice of Wilkes-Barre, Pennsylvania today contains an article in which I am quoted that begins, "Speaking optimistically, city attorney Kris Kobach said the decision simply put Hazleton 'down at halftime.' Mayor Lou Barletta, meanwhile, termed it 'a slip, not a fall.' But if history is any indication, Hazleton's defeat in district court Thursday was a substantial setback. The city plans a vigorous appeal to the 3rd Circuit U.S. Court of Appeals in Philadelphia. The odds of winning there, however, are statistically slim." Posted at 10:24 AM by Howard Bashman Saturday, July 28, 2007 Philadelphia Phillies 10, Pittsburgh Pirates 5: My son and I were back at Citizens Bank Park this evening to see another Phillies victory, which puts the team in sole possession of second place in the National League East, three and one-half games behind the New York Mets, and two and one-half games behind the Wild Card leaders, the Arizona Diamondbacks and the Los Angeles Dodgers. After the broken finger that Phillies All Star second baseman Chase Utley sustained on Thursday, the Phillies chances for the playoffs appeared even more doubtful than usual. But after acquiring Tadahito Iguchi from the Chicago White Sox and the return of relief pitchers Brett Myers and Tom Gordon from the ranks of the injured, it now appears that the Phillies may remain in contention. You can access the box score of tonight's game at this link, while wraps from MLB.com are available here and here. "Democrat charges U.S. justices 'duped' Senate": Thomas Ferraro of Reuters provides this report. The Politico reports that "Schumer to fight new Bush high court picks." And at "ACSBlog" you can access a post titled "Text of Senator Schumer's Speech." "Fewer See Balance in High Court Decisions; Growing Numbers In Poll Say Bench Is 'Too Conservative'": Robert Barnes and Jon Cohen will have this front page article Sunday in The Washington Post. Posted at 04:07 PM by Howard Bashman "Justice Dept. Lawyers Join Chorus Criticizing Gonzales": This article appears today in The New York Times. Posted at 04:02 PM by Howard Bashman "Appeals court upholds ruling against former Tribune owners": The Salt Lake Tribune today contains an article that begins, "A federal appeals court has upheld a ruling that no separate oral contract exists to guarantee the right of the former owners of The Salt Lake Tribune to repurchase the newspaper from owner MediaNews Group. A trio of judges on the 10th U.S. Circuit Court of Appeals in Denver on Friday threw out the McCarthey family's appeal of a lower court, saying their oral contract claims are superseded by written contracts that spelled out how they could regain the paper they sold 10 years ago." And The Deseret Morning News reports today that "Ex-Trib owners must rely on written pacts; Judge rules that contracts supersede oral accords." My earlier coverage of yesterday's Tenth Circuit ruling can be accessed here. "Judge tosses contempt request against JCPS; Court offers hearing on any 'valid' motions": The Louisville Courier-Journal today contains an article that begins, "A federal judge yesterday abruptly dismissed a Louisville lawyer's demand that Jefferson County Public Schools leaders be held in contempt and jailed unless they could prove students weren't still being denied a school choice because of race. In a sharply worded ruling, Chief U.S. District Judge John G. Heyburn II chastised attorney Teddy Gordon, who successfully challenged Jefferson County's student-assignment policy." And The Associated Press reports that "Ky. Schools Contempt Request Denied." You can access yesterday's ruling of the U.S. District Court for the Western District of Kentucky at this link. "Congress Moves to Rewrite Patent Laws": The Associated Press provides this report. Posted at 09:25 AM by Howard Bashman Friday, July 27, 2007 Tenth Circuit decides appeal relating to ownership battle over The Salt Lake Tribune: You can access today's ruling at this link. Posted at 10:42 PM by Howard Bashman In today's mail: Thanks to PG of the "De Novo" blog, volume three of "Harvey Birdman, Attorney at Law" on DVD. Posted at 08:40 PM by Howard Bashman "Court: Felons can't vote until fines paid." The Seattle Times today contains an article that begins, "The state Supreme Court ruled Thursday that felons who haven't paid their fines and court costs aren't entitled to vote. But for 16 months they could, and now the state has no way of knowing how many might be on the rolls or how to keep them from casting ballots." And The Seattle Post-Intelligencer reports today that "Court upholds state's felon voter rule; Fines must be paid first to regain right." Yesterday's ruling of the Supreme Court of Washington State consists of an opinion announcing the judgment of the court; two concurring opinions (here and here); and two dissenting opinions (here and here). "Oral surgeon gets last laugh over boar-tusk prank": This article appears today in The Seattle Times. My earlier coverage of yesterday's ruling of the Supreme Court of Washington State can be accessed here. "White House Tackles AG's Contradictions": The Associated Press provides this report. Posted at 07:58 PM by Howard Bashman By a vote of 2-2, U.S. Court of Appeals for the First Circuit denies rehearing en banc in federal death penalty appeal of Gary Lee Sampson: You can view today's order denying rehearing en banc, and the two dissents therefrom, at this link. My earlier coverage of the First Circuit's three-judge panel ruling in this case can be accessed here. "Dismissed charges upheld in grave case; Appeals court agrees with Iowa County judge that state statute does not criminalize sex with a corpse": The Telegraph Herald of Dubuque, Iowa today contains an article that begins, "Three Iowa County men can't be prosecuted for attempted sexual assault of a deceased woman they tried to dig up in a Cassville cemetery in September, a state appeals court ruled Thursday. In upholding Grant County Circuit Judge George Curry's decision, the District 4 Court of Appeals concluded that the state's statute on third-degree sexual assault doesn't criminalize necrophilia." You can access yesterday's ruling of the Wisconsin Court of Appeals, District IV, at this link. "This Judge Needs a Jury: Sen. Patrick Leahy has asked the attorney general to investigate whether a judge on the D.C. Circuit told a falsehood during his confirmation hearing; There's a better way to proceed." Dirk Olin has this essay online at Newsweek. Posted at 12:47 PM by Howard Bashman "Former Qwest Boss Ordered to Pay $52M": The Associated Press provides a report that begins, "A federal judge ordered former Qwest Communications chief executive Joe Nacchio, convicted of insider trading, to forfeit $52 million in assets he gained in illegal stock sales. The order on Friday came at the start of a sentencing hearing for Nacchio, convicted in April of making $52 million in stock sales at a time when he knew Qwest faced financial risk but didn't tell investors." On Monday, The Denver Post contained an article headlined "New Nacchio lawyer a master of the appeal; Maureen Mahoney has argued 18 cases before the Supreme Court - and has lost only two of them." And on Tuesday, The Rocky Mountain News contained an article headlined "No jail during ex-CEO's appeal, motion asks." "Panel suspends Halverson; Judge will continue to draw pay": This article appeared Thursday in The Las Vegas Review-Journal. And today's newspaper contains an article headlined "Judge's prospects evaluated; Conversation at courthouse focuses on Halverson's future" and an editorial entitled "Judge Halverson suspended with pay: Commission on Judicial Discipline reacts with relative urgency." The Final Order of Interim Suspension can be accessed here, while the order of the Supreme Court of Nevada unsealing the interim suspension decision can be viewed at this link. "The fight's not over: Appeals expected in Hazleton case after judge strikes down law regulating illegal immigrants." The Allentown Morning Call contains this article today, along with an article headlined "'Gracias a Dios! We won!'" The Citizens Voice of Wilkes-Barre, Pennsylvania today contains articles headlined "Polarizing law tossed"; "Barletta pledges to continue fight"; "Hazleton residents remain divided"; and "Judge's ruling means hectic times for Barletta." The Philadelphia Inquirer contains articles headlined "Court voids Hazleton law" and "Chatter but no sense of closure." The Pittsburgh Post-Gazette reports that "Hazleton loses bid to evict illegal workers." The Harrisburg Patriot-News reports that "Immigrant law ruling splits Hazleton." The New York Times reports that "Judge Voids Ordinance on Illegal Immigrants." In The Los Angeles Times, David G. Savage and Nicole Gaouette report that "Hazleton immigration law is rejected; A city cannot take such a national issue into its own hands, a judge rules in Pennsylvania." And in The New York Sun, Josh Gerstein reports that "Judge Rules Against Pa. City on Immigrants." You can access my earlier coverage of yesterday's lengthy ruling of the U.S. District Court for the Middle District of Pennsylvania at this link. "State high court limits seizure of cars of prostitution and drug suspects; Justices toss out a Stockton ordinance that allowed confiscation upon arrest in such cases; L.A.'s city attorney was among the parties supporting such police powers": This article appears today in The Los Angeles Times. In The Oakland Tribune, Josh Richman reports that "High court nixes car-seizure laws; Cities can't be tougher than state on crimes committed with vehicles, justices say." And The Stockton Record reports that "Cities can't seize cars; State's high court says Stockton can't sell vehicles taken during drug, prostitution busts." You can access yesterday's 4-3 ruling of the Supreme Court of California at this link. "Beneath Contempt: The U.S. attorneys controversy is about politics, not the law." Kimberley A. Strassel has this op-ed today in The Wall Street Journal. Posted at 08:42 AM by Howard Bashman "Critic and Ex-Boss Testify on Guantanamo Hearings": The New York Times contains this article today. Posted at 08:25 AM by Howard Bashman "FBI Chief Disputes Gonzales On Spying; Mueller Describes Internal Debate": This front page article appears today in The Washington Post. In addition, columnist Eugene Robinson has an op-ed entitled "Bedtime for Gonzo." The New York Times reports today that "F.B.I. Chief Gives Account at Odds With Gonzales's." A related article is headlined "Chatty Senator on Air Force One Pushes the Rules, and Buttons." The Los Angeles Times reports that "FBI chief seems to contradict Gonzales; Robert Mueller tells a House panel that he had had reservations about a wiretapping program, undercutting the attorney general's testimony." And USA Today contains a front page article headlined "Conflict builds as Gonzales targeted; Senate Dems subpoena Rove." Available online from law.com: Pamela MacLean reports that "9th Circuit Judges Still Wary of Splitting Court; Judges remain concerned over Supreme Court's position and persistent claims about 'extreme' rulings." In other news, "Former Judge Wins Partial First Amendment Victory at 5th Circuit." My earlier coverage of last Friday's Fifth Circuit ruling appears at this link. Marcia Coyle reports that "'Hamdan' Lawyer to Head International Humanitarian Law Clinic." In news from Pennsylvania, "Retrial Ordered in Nine-Figure Fraud Case." You can access the July 18, 2007 ruling of the Superior Court of Pennsylvania at this link. And an article reports that "Upset of Few Attorney Advertising Rules Could Signal Return of 'Heavy Hitters.'" "Modest Improvements Cannot Save an Inherently Flawed Process at Guantanamo": Jonathan Hafetz has this essay online today at FindLaw. Posted at 07:35 AM by Howard Bashman Thursday, July 26, 2007 "Court Upholds Curbs on Signs in New Jersey": The New York Times on Friday will contain an article that begins, "In a ruling that could have implications far beyond New Jersey, the State Supreme Court on Thursday upheld the right of homeowners' associations to restrict the posting of political signs and other forms of constitutionally protected speech, as long as the restrictions are not 'unreasonable or oppressive.'" You can access today's ruling of the Supreme Court of New Jersey at this link. "Justices rule in favor of jokester dentist": The Seattle Post-Intelligencer provides a news update that begins, "There was a time when a good practical joke involved fake barf, and the state Supreme Court took on legal issues that could lull even the most eager of law students to sleep. So wait 'til you hear this one. An Auburn dentist waited until his assistant was sedated for oral surgery and then put fake boar tusks in her mouth. Her eyes were pried open. Pictures were taken. And oh, was it funny -- until the woman found out what happened. The legal question was almost as odd as the joke: Should the dentist's insurance company have defended him when his assistant sued?" And The Seattle Times provides a news update headlined "Court awards oral surgeon $750,000 in boar-tusk case." Today's 5-4 ruling of the Supreme Court of Washington State consists of a majority opinion and two dissenting opinions (here and here). "Jury convicts Broward inmate of indecent exposure in his cell": This article appears today in The South Florida Sun-Sentinel. And The Miami Herald reports today that "Sex act costs inmate 60 more days; An armed robber got a 60-day jail sentence for doing something people do in private." "Noriega loses round in extradition fight": Jay Weaver of The Miami Herald provides this news update. And The Associated Press reports that "Noriega Appears in Court on Extradition." "Closing the Doors The Family Opened; A.V.'s Regulars Return to Wait For a Last Meal": The Washington Post today contains an article that begins, "Waiters were rolling out of the kitchen with steaming platters of rigatoni and mushroom-topped pizzas, the phone was jangling with more and more orders, and who was that coming through the timeworn front door? Supreme Court Justice Antonin Scalia, leading an entourage for a last gastronomic adventure. For more than a half-century, the justice has been a regular patron at A.V. Ristorante Italiano, Washington's one-stop answer to Little Italy since the days when Harry S. Truman occupied the White House. Now, he'll have to find another joint." Posted at 10:15 PM by Howard Bashman "Thomas Charts a Jurisprudence All His Own": Brent Kendall has this article today in The Daily Journal of California. Posted at 10:14 PM by Howard Bashman "Throw Restraint to the Wind: And other ways for the legal left to rein in the Roberts Court." Emily Bazelon has this jurisprudence essay online at Slate. Posted at 09:07 PM by Howard Bashman "Lawyer seeks contempt order against JCPS for race policy": The Louisville Courier-Journal provides a news update that begins, "Jefferson County Public Schools officials should allow students assigned to schools this year because of their race to choose another school -- or be held in contempt and incarcerated, says the Louisville lawyer who successfully sued to end the district�s school-integration plan." And The Associated Press reports that "Lawyer Asks for Changes in Schools Case." "Judge rules Hazleton's ordinance on illegal immigrants is unconstitutional": The Philadelphia Inquirer provides a news update that begins, "In a ruling with national implications, a federal judge this afternoon struck down a controversial year-old ordinance in Hazleton designed to crack down on illegal immigrants in the Northeastern Pennsylvania city. In a 206-page ruling, U.S. District Judge James Munley found that Hazleton's ordinance that would have penalized city businesses that hire illegal immigrants and landlords who rent to them was unconstitutional because the federal government alone crafts and enforces immigration policies." The Allentown Morning Call provides news updates headlined "Appeals next in Hazleton case; Judge strikes ordinance regulating illegal aliens" and "Hazleton's Latinos pleased with judge's decision." The Pittsburgh Post-Gazette provides a news update headlined "Judge strikes down Hazleton laws on illegal immigrants." The Associated Press reports that "Pa. Immigrant Law Voided." And The Legal Intelligencer provides a news update headlined "Hazleton Immigration Ordinances Fail Constitutional Test" (free access). You can access today's lengthy ruling of the U.S. District Court for the Middle District of Pennsylvania at this link. Washington Nationals 7, Philadelphia Phillies 6: My son and I were back at Citizens Bank Park for this afternoon's game, but the Phillies were unable to deliver a bottom of the 9th comeback for the second day in a row, falling a run short today. You can view the box score at this link, while wraps from MLB.com are available here and here. Even worse news was awaiting us on our return home, as MLB.com is now reporting that "Utley breaks hand, lands on DL; Injury a result of being plunked with a pitch." Posted at 06:27 PM by Howard Bashman "Congress has not stated its intent to reach discussions held in the United States in furtherance of a conspiracy to possess controlled substances outside the territorial jurisdiction of the United States, with intent to distribute those controlled substances outside of the territorial jurisdiction of the United States." Federal criminal statutes that make it a crime to conspire to possess with intent to distribute cocaine do not apply extraterritorially, a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit has ruled today in a decision that you can access here. David Oscar Markus has this post about the decision at the "Southern District of Florida Blog." "[B]ecause Appellants were members of a class asserted in a class action complaint, their limitations period was tolled under the doctrine of American Pipe until such time as they ceased to be members of the asserted class, notwithstanding that they also filed individual actions prior to the class certification decision." So holds a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit in a decision issued today in In re: WorldCom Securities Litigation. The plaintiffs-appellants that prevailed in today's ruling are are public and private pension funds that purchased bonds of WorldCom and then sued the underwriters of the bonds under Section 11 of the Securities Act of 1933, alleging that the registration statements covering the bonds they purchased contained false and misleading information. "Sixth Circuit reverses extreme upward variance in sex offender case": The "Sentencing Law and Policy" blog has this post about a decision that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued today. Posted at 10:42 AM by Howard Bashman "'Gang' Courted for Southwick": Roll Call today contains an article (subscription required) that begins, "GOP Senate leaders are looking to re-enlist members of the bipartisan 'Gang of 14' to help break the impasse over the stalled appellate court nomination of Leslie Southwick, a move that has temporarily delayed Republican plans to make the appointee ground zero for a major Senate rematch over the federal bench." Posted at 09:05 AM by Howard Bashman "Stacking the Court": Jean Edward Smith has this op-ed today in The New York Times. Posted at 09:03 AM by Howard Bashman "Senator May Seek Gonzales Perjury Probe; Leahy Sets Deadline For Revised Testimony": This article appears today in The Washington Post. Posted at 08:57 AM by Howard Bashman "Court tosses out challenge to board prayers": The Advocate of Baton Rouge, Louisiana today contains an article that begins, "A sharply divided 5th U.S. Circuit Court of Appeals in New Orleans threw out on Wednesday a 2-year-old lower court decision that had blocked prayers from being said at Tangipahoa Parish School Board meetings, court records show. The parties that brought the lawsuit against the board did not show they had standing to file suit against the School Board three and a half years ago, the appeals court majority said. The en banc court vacated the District Court ruling that held sectarian invocations delivered at the start of board meetings were unconstitutional. The 5th Circuit remanded the case to U.S. District Court at New Orleans with instructions to dismiss the suit, court records show." And The Associated Press reports that "Appeals court vacates Tangipahoa prayer ruling." You can access yesterday's 8-7 en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. And my coverage of the original splintered three-judge panel ruling in the case can be accessed here. Philadelphia Phillies 7, Washington Nationals 5 (14 innings): My son and I had the pleasure of watching the first twelve innings of Wednesday night's baseball game at Citizens Bank Park in Philadelphia. We would have gladly stayed for the entire game, but having taken public transportation to the game, it made more sense to leave before Philadelphia's subway system shut down for the night. On the night of the Cole Hamels Bobble Figurine give-away, starting pitcher Cole Hamels pitched seven strong innings, giving up only two runs and recording six strikeouts. When he left the game the Phillies were leading 4-2. Phillies closer for-the-moment Antonio Alfonseca had a rough outing in the ninth inning, charged with giving up three runs in just one-third of an inning. That meant, heading into the bottom of the ninth inning, that the Philies were trailing 5-4. With two outs in the bottom of the ninth, Phillies shortstop Jimmy Rollins hit a triple to the gap in left center and then came around to score the tying run on the play when the throw from the outfield to the Nationals shortstop trickled away and then the throw home could not be handled by the Nationals catcher. Some five innings later, in the bottom of the fourteenth inning, Phillies first baseman Ryan Howard hit a tremendous home run to the second deck in right field, with a runner on base, to end the game. You can access the box score at this link. Wraps from MLB.com are here and here. Thursday's edition of The Philadelphia Inquirer reports that "Phillies win in 14th on Howard's homer." And Thursday's edition of The Washington Post contains an article headlined "Nats Let One Slip Away; Howard's Homer in 14th Sinks Washington: Phillies 7, Nationals 5." Wednesday, July 25, 2007 "You're NOT the Boss of Me: It's hard to shock them in Las Vegas, but a former law clerk is managing to do just that." The August 2007 issue of ABA Journal magazine contains an article that begins, "At first glance, the quo warranto matter of Halverson v. Hardcastle before the Nevada Supreme Court looks like a civics lesson on how much authority a state court's chief judge has over colleagues. But just a few flips into the hundreds of pages of pleadings, exhibits and affidavits--including formerly confidential documents circulated among judges, ad�ministrators and staff--there is a nasty battle involving a newly elected judge who figuratively turned the courthouse upside down, then literally got banned from it and locked out." Posted at 02:42 PM by Howard Bashman "Jury panel queried in masturbation trial": The Miami Herald provides a news update that begins, "A Broward prisoner on trial on charges that he masturbated in his jail cell will face a jury of his peers. During jury selection Wednesday in the case of inmate Terry Lee Alexander, all seven jurors admitted to attorneys that they have masturbated. The awkward questioning was posed by defense attorney Kathleen McHugh, who faced 17 prospective jurors and asked point-blank who among them had never masturbated. No hands went up. Then, she went one-by-one, asking each prospective juror if he or she had ever masturbated. All nine men said yes, two of the 10 women said no." And The South Florida Sun-Sentinel reports today that "Prisoner accused of indecent act alone in Broward jail cell." "Profits vs. Partners": David Lat has this article in the July 29, 2007 issue of The New York Observer. Posted at 02:20 PM by Howard Bashman "Composite images can be child pornography, court rules": The Akron Beacon Journal provides a news update that begins, "Composite images of child pornography are still pornography, the Ohio Supreme Court ruled today in a case stemming from the arrest of Portage County man." You can access today's ruling of the Supreme Court of Ohio at this link. And the court's summary of its decision is headlined "Court Rules Child Pornography Laws Constitutional, Clarifies Burden of Proof that Real Child Is Depicted." "Domestic violence prosecution not in conflict with state's 'gay marriage' amendment, state court rules": The Toledo Blade provides this news update. The Cincinnati Enquirer provides a news update headlined "Court rejects challenge." And The Associated Press reports that "Domestic Violence Law Upheld Under Ban." My earlier coverage of today's Supreme Court of Ohio ruling appears in the post immediately below. "High court upholds Ohio's domestic-violence law; Gay-marriage ban doesn't affect it, 6 justices say": The Columbus Dispatch provides a news update that begins, "Ohio's domestic-violence law applies to unmarried couples despite the state's 2004 constitutional ban of gay marriages, the Ohio Supreme Court ruled today. Lower courts across Ohio had issued contradictory rulings on whether the 3-year-old amendment overturned domestic-violence statutes. By a large majority voters had agreed not only to define marriage as only between a man and woman, but also to mandate that the state and its political subdivisions could not 'create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effect of marriage.' In a 6-1 ruling, the court said the domestic-violence law is not trying to define a legal relationship, but merely identifies one class of people who are protected from violence." You can access today's ruling of the Supreme Court of Ohio at this link. And the court's summary of its decision is headlined "Law Barring Domestic Violence Against Unmarried Person 'Living As a Spouse' Held Constitutional." "Origin Myth: How Liberals Can Take Back The Supreme Court." Douglas T. Kendall and Law Professor James E. Ryan will have this essay in the August 6, 2007 issue of The New Republic. Posted at 11:40 AM by Howard Bashman "Specter to probe Supreme Court decisions": The Politico today provides a report that begins, "Sen. Arlen Specter (R-Pa.) plans to review the Senate testimony of U.S. Supreme Court Chief Justice John Roberts and Justice Samuel A. Alito to determine if their reversal of several long-standing opinions conflicts with promises they made to senators to win confirmation." Posted at 11:34 AM by Howard Bashman "Timber fight pits judge vs. judges; Sen. Smith's brother blasts decisions, then faces blowback": The Oregonian today contains this article reporting on a decision that the U.S. Court of Appeals for the Ninth Circuit issued on July 2, 2007. Posted at 11:32 AM by Howard Bashman "What Should a Three-Judge U.S. Court of Appeals Panel Do When Faced With Conflicting On-Point Authority Issued By Previous Panels?" That was the headline of the October 2003 installment of my monthly "Upon Further Review" column published in The Legal Intelligencer, Philadelphia's daily newspaper for lawyers. To my knowledge, today the U.S. Court of Appeals for the Eighth Circuit is the only federal appellate court that allows a three-judge panel, when faced with conflicting precedent from earlier three-judge panels of its court, to choose to follow whichever of the two conflicting decisions the current panel deems more correct. In every other federal court of appeals, the earliest of the conflicting decisions governs until overruled by the court sitting en banc. I view the Eighth Circuit's approach to intra-circuit conflicts as flawed for the reasons discussed in my column from October 2003. What makes this issue relevant now is that a three-judge Eighth Circuit panel in an opinion issued today once again relied on this quirk of Eighth Circuit law to ignore an earlier-issued on-point Eighth Circuit panel ruling in favor of following a conflicting more recently-issued three-judge panel ruling. Here's hoping that the Eighth Circuit grants rehearing en banc in the case to eliminate the uncertainty in the important area of the law addressed in today's decision that the decision only serves to perpetuate. By a vote of 8-6, en banc Sixth Circuit upholds death sentence that original divided three-judge panel had set aside as unconstitutionally disproportionate: You can access today's ruling, and the three dissenting opinions that accompany it, at this link. The original three-judge panel's ruling, which set aside the death sentence, issued on August 2, 2006, and my coverage that day of the ruling can be accessed here. "Senators Attack Attorney General Gonzales' Credibility": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 09:14 AM by Howard Bashman "Holy Land case starts with focus on intent; Lawyers insist 5 strived to ease suffering; prosecutors say goal was to fund terror": The Dallas Morning News contains this article today. Today in The Washington Post, Robert Barnes reports that "Case Against Islamic Charity Opens; Now-Shuttered Organization Funneled Money to Militants, Prosecutors Say." And The Los Angeles Times reports that "Trial begins for charity tied to Hamas; The Holy Land Foundation's mission was humanitarian aid to Palestinians, not funding violence, defense lawyers say." "A Return to Abuse: President Bush authorizes secret -- and harsh -- interrogation methods for the CIA." This editorial appears today in The Washington Post. Posted at 08:40 AM by Howard Bashman "Court Voids Higher Limits on Truckers' Hours": The New York Times contains this article today. You can access yesterday's D.C. Circuit ruling at this link. "Gonzales, Senators Spar on Credibility; Account of Meeting In '04 Is Challenged": This front page article appears today in The Washington Post, along with an article headlined "Report Suggests Laws Broken in Attorney Firings." Dana Milbank's "Washington Sketch" column is headlined "With Senate and Gonzales, Familiarity Breeds Contempt." And an editorial is entitled "Credibility Collapse: Once again, Alberto Gonzales is unable to offer straight answers to simple questions." The Los Angeles Times reports today that "Gonzales loses ground on the Hill; His explanations leave senators questioning his candor and honesty." The New York Times reports that "Gonzales Denies Improper Pressure on Ashcroft." USA Today reports that "Gonzales denies coercing Ashcroft; His account conflicts with ex-deputy's." And The Washington Times reports that "Senators hit Gonzales' credibility." "Students, schools fear end of racial diversity": Reuters provides a report that begins, "Seventeen-year-old Quantae Williams doesn't understand why the U.S. Supreme Court struck down his school district's racial diversity program. He now dreads the prospect of leaving his mixed-race high school in suburban Louisville and returning to the poor black downtown schools where he used to get in fights." Posted at 07:58 AM by Howard Bashman "Ban on Kangaroo Hides Puzzles Australians Here": The New York Times today contains an article that begins, "Although bald eagle on the menu would seem unthinkable in the United States, in Australia the formerly endangered kangaroo is commonly found as barbecued kebabs or stir fried with vegetables. When the California Supreme Court on Monday effectively banned the sale of kangaroo leather soccer shoes in deciding a lawsuit, Australians here asked why. 'Kangaroos are like rabbits in Australia,' said Kalee StClair, who is from Sydney and has lived here for more than four years. 'They're not protected at all, and it's actually encouraged to kill them." Posted at 07:50 AM by Howard Bashman "States ease laws that punish teens for sex with underage partners; Push on for prosecution of predators -- not young 'Romeos and Juliets'": This front page article appears today in USA Today. Posted at 07:40 AM by Howard Bashman "Should Pro-Choice and Pro-Life Approaches to Reproductive Rights Carry an 'Incest Exception'?" Sherry F. Colb has this essay today at FindLaw. Posted at 07:35 AM by Howard Bashman Tuesday, July 24, 2007 "Supreme Court Justice Stephen Breyer at the Aspen Institute": C-SPAN describes this past Saturday's broadcast (RealPlayer required) of "America & the Courts" as follows, "Supreme Court Justice Stephen Breyer discusses Democracy and the Court with the New Republic's Jeffrey Rosen at the Aspen Institute in Aspen, CO. He talks about the recent Supreme Court term and his dissent in the school integration cases." In addition, you can view the slightly longer entire event by clicking here (RealPlayer required). "Justice Stevens: 9th Circuit's Reversal Record at High Court 'Misleading.'" Pamela A. MacLean of The National Law Journal provides this report. Posted at 10:27 PM by Howard Bashman "Rosen's 'Restraint': A term review." Today at National Review Online, Matthew J. Franck has an essay that begins, "Jeffrey Rosen has registered some thoughts on the recently concluded term of the Supreme Court that are occasionally interesting and informative." Posted at 10:14 PM by Howard Bashman "Standing General -- Alberto Gonzales: petulant, embarrassing, triumphant." Eve Fairbanks has this essay online at The New Republic. Posted at 09:58 PM by Howard Bashman "This Guy's Still Here?: Gonzales cringes some more before the Senate." Emily Bazelon has this essay online at Slate. Posted at 09:55 PM by Howard Bashman "Gonzales says he didn't pressure Ashcroft; He testifies that his controversial hospital visit came after a meeting with congressional leaders who wanted to continue the warrantless surveillance program": The Los Angeles Times provides this news update. The Washington Post provides a news update headlined "Gonzales Denies Pressuring Ashcroft." And McClatchy Newspapers report that "GOP senator threatens legal action against White House." "$54M Pants Star in Fundraiser": The Associated Press provides a report that begins, "A now-famous pair of pants was the star attraction at a fundraiser Tuesday meant to help pay the bills of a dry-cleaner couple caught in a legal stitch." Posted at 09:00 PM by Howard Bashman "Why Do Some Republican Supreme Court Justices 'Evolve' While Others Don't?" At "Dorf on Law," Law Professor Michael C. Dorf has this post pointing to his new article, "Does Federal Executive Branch Experience Explain Why Some Republican Supreme Court Justices 'Evolve' and Others Don't?" Posted at 08:59 PM by Howard Bashman "Court Stops Longer Drives for Truckers": Jesse J. Holland of The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today. Update: The New York Times provides a news update headlined "Court Strikes Down Longer Hours for Truckers." "A call for education: Partisan elections for judges called a 'ghastly' practice." The Traverse City (Mich.) Record-Eagle today contains an article that begins, "Former United States Supreme Court Justice Sandra Day O'Connor called on state chiefs to rally around an eroding concept of judicial independence at a closing session of the National Governors Association." Posted at 04:44 PM by Howard Bashman "African American voters in Glades County, Florida, challenge the at-large method of electing members of the County Commission and School Board, claiming that it depreciates their right to vote on account of their race": And today, the majority on a divided three-judge Eleventh Circuit panel reverses the entry of judgment against those voters on their vote dilution claims. Circuit Judge Rosemary Barkett wrote the majority opinion, in which Senior Circuit Judge Alfred T. Goodwin (sitting by designation from the Ninth Circuit) joined. Circuit Judge Gerald Bard Tjoflat dissented from the ruling. Update: Law Professor Rick Hasen -- whose new book "Remedies: Examples & Explanations" arrived in today's mail -- has a post titled "In Important Case that Could End up at the Supreme Court, 11th Circuit, on 2-1 Vote, Orders Trial on Section 2 Vote Dilution Claim from Glades County, Florida." "Lawyers Say Guantanamo Trial a 'Charade'": The Associated Press provides a report that begins, "The first military trial of a terror suspect at Guantanamo Bay in Cuba was a 'charade' played out for the public and media to protect U.S. government interests, Australia's leading lawyers' association said Tuesday." The Law Council of Australia today issued a news release titled "Hicks Report a Reminder of Government's Failure to Protect a Citizen's Rights." And via this link, you can download both the "Final Report of Independent Legal Observer, Lex Lasry QC - 24 July 2007 " and a summary of that report. "The Torture Two-Step: Bush's new torture order and its loopholes." Phillip Carter has this jurisprudence essay online at Slate. Posted at 12:53 PM by Howard Bashman "Fourth Amendment Rights in Files Stored on Password-Protected Websites": At "The Volokh Conspiracy," Orin Kerr has this post about a ruling that the U.S. District Court for the District of Massachusetts issued last Friday. Posted at 12:17 PM by Howard Bashman "FBI feared Cotroni hit; Mob boss was investigated for alleged plot to assassinate chief justice of top U.S. court": Two Wednesdays ago, The Montreal Gazette published an article that begins, "Montreal mob boss Frank Cotroni and high-ranking U.S. mobsters were once investigated for an alleged plot to assassinate the top judge in the United States, according to newly released FBI documents. The investigation into the alleged plot to assassinate Chief Justice Warren Burger of the U.S. Supreme Court began in December 1981 after an informant came forward with details of a jailhouse plot. It ended 15 months later with no charges being laid." And last week, Lara Jakes Jordan of The Associated Press reported that "Mafia allegedly plotted hit on Justice Burger, FBI files show." U.S. Court of Appeals for the Federal Circuit decides patent dispute between two providers of online dispute resolution systems: You can access today's non-precedential ruling, which details how these systems work, at this link. Posted at 12:05 PM by Howard Bashman "[W]e revisit an issue last addressed by us 15 years ago: what is the effect of a forum selection clause on a complaint that asserts claims arising under the Copyright Act?" The U.S. Court of Appeals for the Second Circuit issued this decision today, in a lawsuit brought by the musician professionally known as Pete Rock. Posted at 11:50 AM by Howard Bashman "Highlights of the Supreme Court Term: How Has the New Conservative Majority Affected the Court?" You can now access online the audio of this week's broadcast of the public radio program "Justice Talking." The program featured ABC News correspondent Jan Crawford Greenburg and Law Professors Richard W. Garnett and Geoffrey R. Stone. You can stream the audio in Windows Media format or download the audio in mp3 format (23.3MB). "Attorney General Has a Second Date with Congress": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." The testimony of Attorney General Alberto R. Gonzales before the Senate Judiciary Committee began today at 9:30 a.m., and you can view the hearing live, online by clicking here (RealPlayer required). "Justice Saylor pleads his case to the public": The Philadelphia Inquirer today contains an article that begins, "Pennsylvania Supreme Court Justice Thomas Saylor sounds nostalgic these days, as he recalls what the state's 40-year-old judicial retention system used to be - a nonpartisan, merit-based election that could be waged for the price of a postage stamp." The Harrisburg Patriot-News reports today that "Saylor touts record in pursuit of 2nd court term." And The Associated Press reports that "Pay-raise dissenter says motivation was principle, not politics." Earlier, on Sunday, The Pittsburgh Tribune-Review published an item headlined "Feds fine knife-carrying justice." "Novel does no honor to judge; Ex-clerk skewers Phila. jurist": This article appears today in The Philadelphia Inquirer. Posted at 09:10 AM by Howard Bashman "Adidas' use of kangaroo hide is illegal, California justices say": Maura Dolan has this article today in The Los Angeles Times. The San Francisco Chronicle reports today that "Soccer shoes of kangaroo hide booted; State Supreme Court upholds sales ban on beloved footwear; retailers predict black market." Josh Richman of The Oakland Tribune reports that "Court reaffirms California's ban in kangaroo case; 'We will continue to sell our products,' Adidas spokeswoman says." Bloomberg News reports that "Adidas Kangaroo Shoes Can Be Outlawed in California." And Reuters reports that "Adidas kangaroo shoes illegal in California." My earlier coverage of yesterday's Supreme Court of California ruling appears at this link. "Defense at Padilla Trial Raises a Dispute Over Translations": This article appears today in The New York Times. And The Los Angeles Times reports today that "Padilla defense disputes FBI transcripts; A language expert questions the meanings of purported code words and testifies that references to Allah are typically neutral 'fillers.'" "Noriega case hinges on judge in Miami; The fate of convicted Panamanian former strongman Manuel Antonio Noriega -- including his status as a prisoner of war -- is in the hands of a federal judge in Miami": Jay Weaver has this article today in The Miami Herald. And The South Florida Sun-Sentinel reports today that "Manuel Noriega's attorneys want ex-dictator back in Panama." "House Panel Nears A Legal Clash With Bush Over Firings; Gonzales to Tell Senators He Will Not Quit": This article appears today in The Washington Post. The Los Angeles Times reports today that "House panel plans a vote on contempt; The White House chief of staff and ex-counsel refuse to comply with congressional subpoenas in the probe of U.S. attorney firings." And The Washington Times reports that "Gonzales stays to fix 'problems' at Justice." "Prosecutors Challenge Dismissal; Judge Had Ruled That Search for Interpreter Took Too Long": The Washington Post today contains an article that begins, "Prosecutors in Montgomery County said yesterday that they intend to ask an appellate court to overturn a judge's dismissal of a case against a Liberian immigrant charged with raping a young girl. The judge had ruled that repeated delays caused by the court's failure to find an interpreter fluent in the accused man's native dialect had violated his right to a speedy trial." Posted at 08:25 AM by Howard Bashman "No Objections Here: Supply-and-Demand Has Top Law Firms' 'Summer Associates' Hitting Pay Dirt Without Breaking Much of a Sweat." This article appears today in The Washington Post. Posted at 08:20 AM by Howard Bashman "Superhero Lawyer Ads Are Ruled Fit for TV": Today in The New York Sun, Joseph Goldstein has an article that begins, "Citing the First Amendment, an upstate federal judge is allowing lawyers to once again televise gimmicky ads, scrapping the efforts of top state judges who banned much attorney advertising in the name of the dignity of the legal profession." The Post-Standard of Syracuse, New York reports today that "'Heavy Hitters' knock down rules on lawyers' ads." And The New York Times reports that "Lawyers Get Court Approval for Pop-Up Ads on Internet." My earlier coverage appears at this link. "School Choice and Racial Balance": Today in The Wall Street Journal, Paul E. Peterson has an op-ed (paid subscription required) that begins, "Schools that admit students on the basis of race run afoul of the Constitution, wrote Chief Justice John Roberts in the recent Supreme Court case, Parents v. Seattle." Posted at 07:52 AM by Howard Bashman "Milberg Defense: Ethics Breach Trumped Up." Josh Gerstein has this article today in The New York Sun. Posted at 07:45 AM by Howard Bashman Monday, July 23, 2007 "9th Circuit Axes Bigger Panels; Move to put 15 judges on en banc panels cut short": Pamela A. MacLean has this article (free access) in this week's issue of The National Law Journal. Posted at 11:56 PM by Howard Bashman "N.Y. Federal Judge Strikes Down Many New Attorney Ad Rules; Finds state failed to prove that ban on certain content advanced goal of protecting public from misleading ads": law.com provides this report. And the blog "f/k/a" has a post titled "federal court decimates NY lawyer ad rules" that provides this link to the ruling filed today in the U.S. District Court for the Northern District of New York. Apparently all lawyers aren't hacks: law.com reports that "Federal Judge Clears Law Firm Accused of Hacking Opponents' Web Archives." You can access last Friday's ruling of the U.S. District Court for the Eastern District of Pennsylvania at this link. "Attorney General Gonzales Refuses to Resign": This audio segment (RealPlayer required) appeared on this evening's broadcast of NPR's "All Things Considered." Posted at 08:00 PM by Howard Bashman "Adidas' use of kangaroo hide is illegal, state justices say": Maura Dolan of The Los Angeles Times provides a news update that begins, "Soccer cleats and other athletic footwear made with prized kangaroo skin is illegal to sell in California under a decision today by the California Supreme Court." And The San Francisco Chronicle provides a news update headlined "State Supreme Court nixes sales of shoes made with kangaroo hide." You can access today's ruling of the Supreme Court of California at this link. "House judiciary chairman seeks contempt charges against Bush aides": McClatchy Newspapers provide this report. And The Washington Post provides a news update headlined "House Committee to Vote on Contempt Charges; Conflict Comes as Gonzales Prepares for Senate Testimony." "POW status is key to future for Noriega": Today in The Miami Herald, Jay Weaver has an article that begins, "Lawyers for former Panamanian dictator Manuel Antonio Noriega, who is set to be released from prison, plan to challenge a new French extradition request in Miami today, arguing that it would violate his rights as a prisoner of war." Posted at 07:40 PM by Howard Bashman "U.S. prison unlikely to be a 'Cupcake' walk for Black; Days of golf, take-out over as U.S. cracks down on corporate felons": This article appears today in The Toronto Star. Posted at 06:05 PM by Howard Bashman ABA Journal revamps its web site: You can access the revamped web site at this link. And the blog "LawBeat" has nice things to say about the ABA Journal's new online approach. Posted at 04:40 PM by Howard Bashman "The Republican (Not So) Short List": Tom Goldstein has this post today at "SCOTUSblog." Posted at 04:37 PM by Howard Bashman "Girl, 8, Back With Chinese Parents": The Associated Press provides a report that begins, "A Chinese couple regained legal custody of their 8-year-old daughter Monday after a seven-year fight to get her back from what was supposed to be temporary foster care." And today's issue of The Commercial Appeal of Memphis contains an article headlined "Anna's reunion with parents is today; Father hopes for 'normal, carefree' life for 8-year-old."  
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