How Appealing

Thursday, December 06, 2007

"Appeals Court ruling favors Phelps-Roper": The Topeka Capital-Journal provides a news update that begins, "The U.S. Court of Appeals for the 8th Circuit in Missouri has ruled that Shirley Phelps-Roper is entitled to a preliminary injunction while the constitutionality of statutes restricting where members of Topeka-based Westboro Baptist Church can picket is reviewed."

And James Oliphant, at "The Swamp" blog of The Chicago Tribune, has a post titled "Court allows group to picket soldiers' funerals."

My earlier coverage of today's Eighth Circuit ruling appears at this link.

Finally, in related news, The Associated Press provides an article headlined "Supreme Court hears arguments on funeral picketing law" that begins, "The Kansas Supreme Court was asked Thursday to strike down a section of the state's funeral picketing law that prevents it from being enforced." You can view the text of the Kansas law in question by clicking here. Today's Eighth Circuit ruling involved a pair of Missouri laws.
Posted at 04:05 PM by Howard Bashman

"Senate Panel Approves Bill To Televise SCOTUS (Again)": At his blog "Washington Briefs," Lawrence Hurley of The Daily Journal of California has this post today.

As noted in the April 17, 2006 installment of my "On Appeal" column for law.com, I'd be quite content to have same-day oral argument audio in all argued cases.
Posted at 02:55 PM by Howard Bashman

An untidy federal district court docket is the price that must be paid for the district court's and the federal prosecutor's having essentially ignored the Seventh Circuit's earlier mandate deciding the merits of this appeal: Chief Judge Frank H. Easterbrook, on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, issued this interesting decision today denying the federal prosecutor's motion to recall the Seventh Circuit's mandate in the case.
Posted at 02:44 PM by Howard Bashman

Dissenting from the denial of rehearing en banc, five Ninth Circuit judges announce that they would hold section 104 of the Antiterrorism and Effective Death Penalty Act unconstitutional because it violates the separation of powers: Circuit Judge Stephen Reinhardt's dissent from the denial of rehearing en banc, in which four of his Ninth Circuit colleagues have joined, begins:

I would hold that section 104 of the Antiterrorism and Effective Death Penalty Act ("AEDPA") (codified in relevant part at 28 U.S.C. § 2254(d)(1)), violates the separation of powers doctrine and is unconstitutional. Section 2254(d)(1) constitutes a severe congressional incursion on the federal "judicial power," which Article III of the Constitution vests wholly and exclusively in the federal courts. It does so in two principal ways: first, by prohibiting the federal courts from applying the ordinary principles of stare decisis in deciding habeas cases involving prisoners held in state custody, thereby interfering with the federal courts' normal adjudicatory process; and second, by requiring federal courts to give effect to incorrect state rulings that, in the federal courts' independent judgment, violate the Constitution. Such a congressional breach of the federal judiciary's integrity and independence, of its duty to maintain the supremacy of the Constitution, and, indeed, of the constitutional structure itself, should not go unchecked by this court.

You can access the complete dissent from today's denial of rehearing en banc in Crater v. Galaza at this link.
Posted at 01:32 PM by Howard Bashman

Cows fight the power in Wisconsin -- and win: The Associated Press provides a report headlined "Supreme Court upholds nearly $533,000 award in stray voltage case" that begins, "The Wisconsin Supreme Court on Thursday upheld a nearly $533,000 award to Marathon County dairy farmers who claimed a power company's stray voltage hurt their cows' milk production."

You can access today's 4-3 ruling of the Supreme Court of Wisconsin at this link. A related decision the court also issued today can be accessed here.
Posted at 12:40 PM by Howard Bashman

The Associated Press is reporting: Mark Sherman has an article headlined "Analysis: Detentions Likely to Continue."

And an article reports that "Gitmo Court Hears US Soldier's Testimony."
Posted at 12:08 PM by Howard Bashman

Eighth Circuit recognizes First Amendment right of members of Westboro Baptist Church to picket funerals of soldiers and orders preliminary injunction against enforcement of Missouri laws intended to criminalize such picketing: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.

The opinion explains that the plaintiff "alleges members of her church believe God is punishing America for what WBC considers the sin of homosexuality by killing Americans, including soldiers. As part of her religious duties, she believes she must protest and picket at certain funerals, including the funerals of United States soldiers, to publish the church's religious message: that God's promise of love and heaven for those who obey him in this life is counterbalanced by God's wrath and hell for those who do not."
Posted at 11:53 AM by Howard Bashman

"Supreme Court Hears Guantanamo Arguments": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 09:30 AM by Howard Bashman

"High court hears Gitmo detainee rights case; The justices appear split, with Kennedy in the middle; Regardless of the ruling, which may be months away, the prisoners' fate may rest with the next president": David G. Savage has this article today in The Los Angeles Times.

Today in The Boston Globe, Charlie Savage has an article headlined "Showdown on detainees' rights; Guantanamo inmates press Supreme Court."

Joan Biskupic of USA Today has an article headlined "No quick resolution to Guantanamo detainee cases; High court weighs foreign prisoners' rights, fair hearings."

James Oliphant of The Chicago Tribune reports that "Court hears arguments on Gitmo; Habeas corpus for detainees at issue."

And in The Wall Street Journal, David B. Rivkin Jr. AND Lee A. Casey have an op-ed entitled "Gitmo Goes to Court: The judiciary has no business managing how we fight wars abroad."
Posted at 09:22 AM by Howard Bashman

"Poor medical care at Nevada prison cited; Inmates at the Ely facility have been denied help for heart problems, diabetes and other serious medical conditions, records show": Ashley Powers and Henry Weinstein have this article today in The Los Angeles Times.

According to the article, "Attorneys for some Ely inmates say they believe the lack of medical care has played a role in a high percentage of death row inmates giving up their appeals and 'volunteering' to be executed. All but two of 12 inmates executed in the state in the last 30 years have been volunteers. No other state in the country has had close to that percentage of volunteers, records show."
Posted at 09:10 AM by Howard Bashman

"Speak out, judges": James W. Dolan has this op-ed today in The Boston Globe.
Posted at 09:02 AM by Howard Bashman

"Time for Cameras: Those who are interested shouldn't have to line up overnight to watch Supreme Court debates." This editorial appears today in The Washington Post.
Posted at 09:00 AM by Howard Bashman

"Defense Challenges Status of Guantanamo Detainee": The New York Times today contains an article that begins, "Challenging one of the central pillars of the Bush administration's detention policies, lawyers for a detainee who is charged as Osama bin Laden's driver argued here Wednesday that he should be treated as a prisoner of war and should not be tried by military commission. The military judge at a pretrial hearing of the former driver, Salim Ahmed Hamdan, did not rule on the request but opened the way for the defense to present evidence on the issue at a hearing that is to begin Thursday."

Today in The Miami Herald, Carol Rosenberg reports that "Detainee wins one, loses one; As Osama bin Laden's driver tries to fend off war-crimes charges, a judge said he would consider his POW claim, but not testimony from the reputed 9/11 mastermind." Yesterday, Rosenberg previewed the matter in an article headlined "New push to prosecute bin Laden's driver."

And today in The Los Angeles Times, Carol J. Williams reports that "Bid Laden driver to argue he's POW; The Guantanamo detainee's lawyers allowed to contend that he is out of the reach of a military tribunal."
Posted at 08:45 AM by Howard Bashman

"Boy Scouts Lose Philadelphia Lease in Gay-Rights Fight": This article appears today in The New York Times.
Posted at 08:34 AM by Howard Bashman

"Bonds's Team Has Trouble Deciding Who's on First": Today in The Wall Street Journal, Justin Scheck has an article that begins, "Over two days last week, baseball star Barry Bonds tried to persuade top San Francisco defense lawyer John Keker to represent him in a federal perjury case. But the talks started faltering when the multimillionaire slugger asked Mr. Keker to handle his case at a steep discount, say several people briefed on the conversations."
Posted at 08:05 AM by Howard Bashman

"The Current Supreme Court Term, and the Pivotal Role of 'Swing' Justice Anthony Kennedy": Edward Lazarus has this essay online today at FindLaw.
Posted at 07:54 AM by Howard Bashman

Wednesday, December 05, 2007

"Justices Ready to Answer Detainee Rights Question": Linda Greenhouse will have this article Thursday in The New York Times.
Posted at 10:58 PM by Howard Bashman

"Justices Appear Divided on Detainees' Rights; Guantanamo Prisoners Get New Supreme Court Hearing; Independent Review at Issue": Robert Barnes will have this article Thursday in The Washington Post.
Posted at 10:55 PM by Howard Bashman

Available online at law.com: Tony Mauro reports that "High Court Justices Clash on Detainee Rights."

And in other news, "11th Circuit Judge Hammers Coke Plaintiffs but Offers Sympathy, Too; In securities fraud arguments, Judge Carnes says he doesn't like the law, but that's the way it is."
Posted at 10:35 PM by Howard Bashman

"Supreme Court Hears Arguments in Case Testing Rights of Detainees": This segment (transcript with link to audio) featuring Marcia Coyle, Neal Katyal, and Lee Casey appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 09:05 PM by Howard Bashman

"It Was the Best of Habeas, It Was the Worst of Habeas: The Supreme Court gets a reality check in the Guantanamo cases." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 08:40 PM by Howard Bashman

The Associated Press is reporting: An article reports that "Inmate Loses Bid to Hang Aniston Photo." My earlier coverage of today's Seventh Circuit ruling appears at this link.

And in other news, "Judge Denies Access to Gitmo Detainees."
Posted at 07:42 PM by Howard Bashman

Available online from National Public Radio: This evening's broadcast of "All Things Considered" contained an audio segment entitled "Detainee Lawyers Fight for U.S. Law at Guantanamo" featuring Nina Totenberg.

And today's broadcast of "Talk of the Nation" contained an audio segment entitled "Supreme Court Takes Up Guantanamo Case" featuring David G. Savage.

RealPlayer is required to launch these audio segments.
Posted at 07:02 PM by Howard Bashman

"Skeptical Supreme Court ponders major Guantanamo case": Michael Doyle of McClatchy Newspapers provides this report, along with an article headlined "What's next for Guantanamo prisoners?"
Posted at 06:54 PM by Howard Bashman

"Justices, Attorneys Spar Over Guantanamo Case; Detainees' Rights Debated Before Supreme Court as Part of Ongoing Legal Battle": Jan Crawford Greenburg and Ariane de Vogue have this written report at ABCNews.com. You can also access Jan's video preview of today's oral argument, filmed at Guantanamo, by clicking here.
Posted at 06:44 PM by Howard Bashman

"Guantanamo rights cases split justices": Patti Waldmeir of Financial Times provides this news update.
Posted at 04:30 PM by Howard Bashman

"Lafave saga takes new turn; The teacher-turned-felon is accused of violating probation in talks with a teen co-worker": This article appears today in The St. Petersburg Times.

And The Tampa Tribune reports today that "Chats With Teen Co-Worker Led To Lafave's Arrest."
Posted at 04:23 PM by Howard Bashman

"Part 2 of legal lovers' trial begins": Today's edition of The San Antonio Express-News contains an article that begins, "Lawyer Mary S. Roberts was an ignored, emotionally abused spouse whose marriage was on the rocks when she reached into cyberspace for love and lust with other men. Or, she was a conniving woman who cheated on her husband, also an attorney, then helped him shake down her lovers for thousands of dollars."
Posted at 04:13 PM by Howard Bashman

On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Supreme Court Hears Detainee-Rights Case" (featuring Dahlia Lithwick) and "Looking Back at Japanese Internment Camps."

RealPlayer is required to launch these audio segments.
Posted at 03:40 PM by Howard Bashman

"They're both from Trenton": At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "Deputy Solicitor General Gregory Garre is the latest advocate to get Justices Antonin Scalia and Samuel Alito Jr. mixed up during oral argument."
Posted at 03:30 PM by Howard Bashman

"Supreme Court hears detainee rights case...again": James Oliphant has this post at "The Swamp" blog of The Chicago Tribune.
Posted at 03:20 PM by Howard Bashman

"Supreme court hears case over rights of Guantanamo detainees": The Guardian (UK) provides this news update.
Posted at 02:52 PM by Howard Bashman

"Justices grill attorneys in Gitmo case hearings": Joan Biskupic of USA Today provides this news update.
Posted at 02:50 PM by Howard Bashman

Access online the transcript of today's U.S. Supreme Court oral argument in Boumediene v. Bush, No. 06-1195: The Court has posted the transcript at this link.
Posted at 02:45 PM by Howard Bashman

You can now access online the audio files of yesterday's two church-state oral arguments that Michael A. Newdow presented before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit: I previewed these oral arguments and identified the three judges on the panel in this detailed post from Saturday.

You can download the oral argument audio in the "In God We Trust" case via this link (7.76MB audio file).

And you can download the oral argument audio in the Pledge of Allegiance case via this link (8.60MB audio file).

Windows Media Player is required to launch these audio files.
Posted at 02:30 PM by Howard Bashman

"Passing of the Gavel Ceremony - Video": The U.S. Court of Appeals for the Ninth Circuit has today posted online this video clip (Windows Media Player required) of last Friday's ceremony. Unfortunately, at least as of this moment, the video clip concludes before the gavel is passed, ending instead smack in the midst of a U.S. District Judge's remarks.
Posted at 02:20 PM by Howard Bashman

Jennifer Aniston in state prison in Wisconsin? No, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit holds today. At issue in today's decision, written by Circuit Judge Terence T. Evans, is the constitutionality of a Wisconsin Department of Corrections policy that prevents inmates from possessing individual, commercially published photographs.
Posted at 02:14 PM by Howard Bashman

"Fluke? Captive granted asylum interview." Carol Rosenberg of The Miami Herald provides a news update from Guantanamo that begins, "In a first, a captive held here in the war on terrorism has sufficiently filled out an asylum application to get an appointment with the Department of Homeland Security. There's only one problem: Algerian-born Ahmed Belbacha, 39, will be hard-pressed to make it to Washington for his interview because of his status as a detainee inside Camp Delta."
Posted at 02:00 PM by Howard Bashman

"Supreme Court Oral Arguments: Boumediene v. Bush & Al Odah v. United States." Access the audio of today's U.S. Supreme Court oral argument in the Guantanamo detainee cases on demand from C-SPAN, by clicking here (RealPlayer required).
Posted at 01:53 PM by Howard Bashman

"Court Appears Split on Rights of Guantanamo Detainees": Robert Barnes of The Washington Post provides this news update.
Posted at 01:51 PM by Howard Bashman

"Can constitutional issues be finessed?" Lyle Denniston has this oral argument report at "SCOTUSblog."
Posted at 01:50 PM by Howard Bashman

As the reward for announcing the first signed opinion of the new Term, we shall represent the first letter of your last name as "J" instead of "G": Because it took the U.S. Supreme Court seemingly forever yesterday to post its opinions to that Court's own web site, few may have noticed that this page on the Court's web site attributes the decision in Logan v. United States, No. 06-6911, to a Justice whose last name begins with a J.

I am reliably assured, however, that neither Justice Robert H. Jackson, nor Justice Howell Edmunds Jackson, nor Justice William Johnson, Jr., nor Justice Thomas Johnson, nor Chief Justice John Jay delivered the opinion. No, as the opinion itself reveals, the author of the decision was Justice Ruth Bader Jinsburg (sic).

Update: As was bound to happen, the Court has corrected this error. You can view the original uncorrected page by clicking here.
Posted at 01:37 PM by Howard Bashman

"Supreme Court weighs Guantanamo hearings": David G. Savage of The Los Angeles Times provides this news update.

Greg Stohr of Bloomberg News reports that "Guantanamo Inmate Rights Divide U.S. Supreme Court Justices."

Reuters reports that "High court probes Guantanamo prisoners' rights."

And some thoughts from Joan Biskupic appear in this USA Today blog post.
Posted at 01:05 PM by Howard Bashman

"Thoughts on the Oral Argument in Boumediene v. Bush": Orin Kerr has this post at "The Volokh Conspiracy."

At "SCOTUSblog," Marty Lederman has a post titled "Quick Reactions to Boumediene Oral Argument."

And "How Appealing" reader Alan R. Kabat emails:

Arrived at the Supreme Court at around 6:40 am, there were already at least 15 people ahead of me. This time, somebody had started a sign-up sheet which was invaluable in preventing line-skippers once we were inside the building – at 7:35. There were probably over 100 attorneys behind me in the bar members list. I couldn’t tell how many people had camped out overnight for the public line, but given the snow storm, probably most of the public waited until early morning to come. At 9:05 we were inside the SCT chambers.
Since there was only 1 argument today, there was only 1 row of counsel tables, which freed up additional space for another 20 or so chairs for the members of the bar. I don’t know if this scheduling was deliberate, but it did help provide more access to the court room.
Although I did not recognize anyone sitting the row that is ordinarily reserved for Members of Congress, I did see, to my surprise, Senior District Judge Joyce Hens Green in the row behind the congressional row. She, along with District Judge Richard Leon, had handled the two Guantanamo cases that are on appeal today. By way of comparison, I was reliably informed that during the Padilla oral arguments several years ago, then-Judge Mukasey (who originally had that case) was at the SCT, but as I did not then know what he looked like, I cannot verify that. Anyway, I did not see AG Mukasey today, and someone else was sitting in the AG’s chair.
Argument started promptly at 10:02. Waxman (compared with Clement) was able to say a lot more, with fewer interruptions. He emphasized that the DTA review process does not provide an adequate substitute for habeas. CJ Roberts had the first two questions, about the scope of habeas, Waxman’s response was that the detainees need a reasonable opportunity to counter the govt evidence. CJ asked is our judgment dependent on whether or not the procedures are adequate (i.e. is that the threshold issue for the SCT). Ginsburg then jumped in with several questions to counter the CJ, who then asked does habeas turn on where the person is held or captured, i.e., battlefield vs. Guantanamo.
At 10:10, Scalia jumps in, asking whether the new habeas statute makes clear what wasn’t under the old regime, i.e., aliens in Gitmo are in territory not under sovereign control, so that Rasul no longer applies? Other cases, Scalia says, were unambiguously on USA territory. CJ asks if an act of Congress says Gitmo base is not part of USA for the new statute, does that reject Waxman’s argument (so no need to consider anything else). The other justices start weighing in at this point. Alito ask if merely bringing someone here was sufficient for habeas. CJ asks if the court should defer to political branches in determining the scope of sovereignty. Scalia notes that during WWI, there were over 400k German prisoners of war in this country, yet nobody ever thought that they had any habeas right, even though some were civilians, not uniformed soldiers.
10:23, Kennedy asks his first question, about the scope of DTA -- Waxman’s quick, lengthy response that DTA has no prospect that any merits determination will ever be conducted, and that the record on review, either now or at the merits stage is too limited. He emphasizes the need for a hearing to introduce evidence to counter govt evidence, particularly the ex parte and in camera submissions. “Time for experimentation is over,” let’s go back to “experienced district judges” to handle these detainees. Breyer asks about Lord Masefield having issued a similar writ, which discussed sovereignty issues; Waxman noted that in 1777 and 1783 (?) habeas was extended to people on the high seas, even though they were not in any one country’s territory.
Scalia, “I’m still waiting for a single case” in which habeas was granted to aliens not on US soil, etc.
10:38, SG Clement takes over -- as usual, he has no notes, although he did bring up a sheet with an enlarged version of a statute (?). Souter quickly asks the first questions, about how due process fits in, Breyer asks for the basis for indefinite detention without charging, how can that be equivalent of habeas. Clement stresses need for geographical and temporal limits to scope of habeas. Stevens asks about how people who are captured, but not uniformed, could be treated under the law of war, since they could not be charged with war crimes, unlike uniformed troops, also asks about prisoners who were turned in by bounty hunters as opposed to actually captured in combat. Breyer emphasizes that habeas is supposed to be speedy, not 6 years. Clement then fumbles as to what should happen at the D.C. Circuit, under the statutory regime, and this is where I could tell that he seemed to lose Kennedy, who became disgusted with Clements’ response. Clement did admit that “we don’t have good answers as to what habeas looks like in context of enemy combatants.”
11:18, Waxman gets 5 minute rebuttal that seemed to last 10. Emphasizes that DTA review is not equivalent of habeas, need for detainee to be able to prove threshold issue, “I am not a combatant,” and DTA review will never address merits of the issues. DC Circuit review of the record needs to have evidence that is accurate, but the govt evidence includes hearsay, as well as ex parte, in camera submissions that cannot be rebutted, so issue of reliability of evidence. Waxman then notes that Judge Green’s unredacted opinion revealed the severe inadequacies of the due process review -- he starts discussing what came out with respect to Murat Kurnaz, who was subsequently released (this was in the Wash Post this morning!). Waxman notes that this new evidence would never have been considered in a DTA review, even though it is directly relevant to the issue of “I am not a combatant.”
11:25, case submitted.
I predict one opinion by either Souter or Ginsburg, the other opinion by CJ Roberts, with Kennedy’s vote up in the air. Scalia may do a separate opinion with a historical exegesis on the scope of habeas as applied to aliens and those not on sovereign territory.

Thanks much, Alan, for that thorough report!
Posted at 01:00 PM by Howard Bashman

"Judge Alex Kozinski Takes Ninth Circuit Helm; New Chief Shares Spotlight with Colleagues, Staff": The Public Information Office of the U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.
Posted at 12:10 PM by Howard Bashman

"The Evil at GTMO": ABC News correspondent Jan Crawford Greenburg has this post today at her "Legalities" blog.
Posted at 12:05 PM by Howard Bashman

C-SPAN3 has just begun to broadcast this morning's U.S. Supreme Court oral argument in the Guantanamo detainee cases: You can access online the live C-SPAN3 video feed in both RealPlayer and Windows Media Player formats (click on those links to launch the live feed). The oral argument apparently lasted for one hour and twenty minutes.
Posted at 11:44 AM by Howard Bashman

"U. of Colorado Settles Sex-Assault Suit": The Associated Press provides this report.

The article notes that "in September the 10th U.S. Circuit Court of Appeals revived the lawsuit, ruling there was evidence the alleged assaults were caused by the school's failure to adequately supervise players." My earlier coverage of that Tenth Circuit ruling can be accessed here.

In other coverage, The Denver Post provides a news update headlined "CU settles lawsuit sparked by alleged football party rape."

And The Boulder Daily Camera provides a news update headlined "CU settles Lisa Simpson lawsuit for $2.5 million; University president Hank Brown signed off on settlement." That newspaper has also posted online in two parts the plaintiff's deposition transcript (part one; part two).
Posted at 11:35 AM by Howard Bashman

"Chief Justice Ralph Cappy to Join Buchanan Ingersoll & Rooney": That law firm issued this news release today.

Chief Justice Cappy will not be the first former appellate group to head that law firm's appellate group. Former Third Circuit Judge Timothy K. Lewis previously headed the appellate group at Buchanan Ingersoll, PC. And, for the record, though I'm not a former appellate judge, I too chaired Buchanan Ingersoll's appellate group (see second item) after Judge Lewis but before Chief Justice Cappy.
Posted at 11:15 AM by Howard Bashman

"Supreme Court Hearing Guantanamo Cases": Mark Sherman of The Associated Press provides this updated report.
Posted at 11:08 AM by Howard Bashman

"Supreme Court Mulls Rights of Guantanamo Suspects": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition."
Posted at 10:17 AM by Howard Bashman

"Left Behind? Ossining, New York, was at the forefront of school integration; But as American law and public opinion turn against race-based programs, can the town continue to use racial targeting to close the achievement gap?" Dana Goldstein has this article online today at The American Prospect.
Posted at 10:14 AM by Howard Bashman

How to access online the first play-back of the audio of today's U.S. Supreme Court oral argument in the Guantanamo detainee cases: At C-SPAN's request, the Court has agreed to make available same-day audio of today's oral argument in the Guantanamo detainee cases.

C-SPAN anticipates that its first play-back of the audio will air on the C-SPAN3 network starting at 11:15 a.m. eastern time. The actual start time, of course, will depend on whether the oral argument is allowed to continue past the one hour allotted time and how quickly the Court makes the audio available for broadcast.

You can access online the live C-SPAN3 video feed in both RealPlayer and Windows Media Player formats (click on those links to launch the live feed).
Posted at 10:04 AM by Howard Bashman

"Hawaii lawyer opens bakery shop for dogs": The Honolulu Advertiser today contains an article that begins, "What does a local girl do after graduating from Punahou, UC-Berkeley and then the University of Hawai'i law school? She leaves her job at a big law firm and opens a bakery that caters to dogs, of course."
Posted at 09:30 AM by Howard Bashman

"Precursor of the Constitution Goes on Display in Queens": This article appears today in The New York Times. Perhaps Ann Althouse, now in neighboring Brooklyn, will pay the document a visit and provide some additional photos.
Posted at 09:28 AM by Howard Bashman

"Grand jury to probe abortion-clinic practices": The Washington Times today contains an article that begins, "An unprecedented investigation into abortion-clinic practices will commence soon in Kansas now that the state Supreme Court has cleared the way for a grand jury with subpoena powers to be convened."
Posted at 09:25 AM by Howard Bashman

"Murphy named to Court of Appeals; Court of Special Appeals chief judge known for experience, moderation": The Baltimore Sun today contains an article that begins, "Gov. Martin O'Malley nominated appellate Judge Joseph F. Murphy Jr. to Maryland's Court of Appeals yesterday, using his first opportunity to make over the state's highest court by choosing a jurist known for his depth of experience and moderate temperament."

And The Washington Post reports today that "Appellate Judge Picked for State's Top Court."
Posted at 09:10 AM by Howard Bashman

"Death row inmate's sentence upheld; The 9th Circuit rejects arguments that Kevin Cooper was framed in the 1983 murders of four people in Chino Hills": Henry Weinstein has this article today in The Los Angeles Times.

The Press-Enterprise of Riverside, California reports today that "Appeals panel upholds Kevin Cooper's conviction in Chino Hills killings in 1983."

And The Inland Valley Daily Bulletin of Chino, California reports that "Cooper's appeal fails; Judges reject convicted killer's claims."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 09:02 AM by Howard Bashman

"High court hears Medtronic case; Justices asked hard questions in a lawsuit pitting the Minnesota medical device maker against the family of a New York patient": This article appears today in The Minneapolis Star Tribune.

Today in Financial Times, Patti Waldmeir reports that "Business in court tussle on safety regulation."

And Reuters reports that "US justices weigh medical-device makers' liability."
Posted at 08:33 AM by Howard Bashman

"Detainees challenge civil, military justice; President Bush's evolving enemy combatant policy is playing out in radically different venues": Carol Rosenberg has this article today in The Miami Herald.

Today in The Washington Post, Robert Barnes reports that "Justices Weigh Courts' Role in Detainee Cases." The newspaper also contains a front page article headlined "Evidence Of Innocence Rejected at Guantanamo."

In The Wall Street Journal, Jess Bravin has an article headlined "Grappling With Guantanamo: Supreme Court's Detainee-Rights Ruling Could Affect Bush Legacy."

At ABCNews.com, Ariane de Vogue reports that "Detainees' Case Heads to Supreme Court; Justices to Weigh National Security Interests, Guantanamo Captives' Rights."

Reuters reports that "Guantanamo prisoners get day in high court."

BBC News reports that "Legal battle on Guantanamo looms; The US Supreme Court is set to hold a hearing in two cases that are being seen as a legal showdown over the Guantanamo Bay detention camp in Cuba." And a related item is headlined "Profiles: Odah and Boumediene."

The Harvard Crimson reports that "Students Stage Protest Kidnappings."

The New York Times contains an editorial entitled "A Key Moment for Justice."

The Los Angeles Times contains an editorial entitled "Gitmo inmates deserve protection: The Supreme Court should again reject an effort to deny alleged enemy combatants held at Guantanamo the protection of U.S. law."

And in The Austin American-Statesman, David Currie, Kari Erickson, Ariel Juarez and Anh-Thu Nguyen have an op-ed entitled "U.S. Supreme Court should support the foundation of our democracy."
Posted at 08:07 AM by Howard Bashman

"Supreme Court casts doubts on Jeff death row trial; Simpson reference, jury picks questioned": This article appears today in The Times-Picayune of New Orleans.

Today in The New York Times, Linda Greenhouse reports that "Supreme Court Reconsiders Pivotal Louisiana Case on Racial Selection of Juries."

In The Washington Post, Robert Barnes reports that "Court Hears La. Jury Bias Case; Prosecutor in '95 Trial Referenced O.J. Simpson, Excluded Blacks."

David G. Savage of The Los Angeles Times reports that "High court considers play of race card; At issue is a prosecutor who worked to exclude African Americans from a jury deciding the fate of a black defendant."

And Joan Biskupic of USA Today reports that "High court mulls racial bias in juror selection."
Posted at 08:00 AM by Howard Bashman

"Atheist has another go at banning pledge": Howard Mintz has this article today in The San Jose Mercury News.

Today in The New York Sun, Josh Gerstein reports that "God on Docket -- Yet Again -- in Coast Court." The newspaper also contains an editorial entitled "Faith-Based Currency."

And The Washington Times reports that "Appeals court considers 'God' in Pledge."

Once the U.S. Court of Appeals for the Ninth Circuit posts online the audio files of yesterday's oral arguments in these two appeals, I will link to them.
Posted at 07:52 AM by Howard Bashman

"What's at Stake in the Latest Guantanamo Bay Case?" Michael C. Dorf has this essay online today at FindLaw.
Posted at 07:45 AM by Howard Bashman

Tuesday, December 04, 2007

Available online from law.com: An article reports that "Newdow's Pledge Arguments Get New Recital Before 9th Circuit."

And in other news, "New York State Denied Authority Over National Banks." My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 11:15 PM by Howard Bashman

"Supreme Court casts doubts on Jeff death row trial": The Times-Picayune of New Orleans provides a news update that begins, "Some U.S. Supreme Court justices reacted with skepticism to a Jefferson Parish prosecutor's argument Tuesday that all five black members of a jury pool were disqualified from a 1996 murder trial for nonracial reasons and that the prosecution's reference to the acquittal of O.J. Simpson wasn't designed to incite the all-white jury to impose the death penalty."
Posted at 11:11 PM by Howard Bashman

"Supreme Court Hears Medical Device Case": Linda Greenhouse will have this article Wednesday in The New York Times.
Posted at 11:08 PM by Howard Bashman

"Gitmo returns to high court; Detainees seek right to challenge status": James Oliphant will have this article Wednesday in The Chicago Tribune.

Wednesday in The Austin American-Statesman, Chuck Lindell will report that "UT students take part in high court debate; Law school clinic helps develop Guantanamo detainee arguments."

BBC News provides a report headlined "Supreme Court showdown on detainees."

Mother Jones provides an article headlined "From Sarajevo to Guantanamo: The Strange Case of the Algerian Six."

And The Washington Post on Wednesday will contain an editorial entitled "Their Day in Court: Guantanamo lawyers make the case for a tenet of American law."
Posted at 11:00 PM by Howard Bashman

"Senate Judiciary Dems push contempt motion": The Hill on Wednesday will contain an article that begins, "Senate Judiciary Committee Democrats are pushing forward with a resolution holding the White House in contempt of Congress for failing to comply with their subpoenas for information and testimony related to the firings of several U.S. attorneys."
Posted at 10:50 PM by Howard Bashman

"Guantanamo headache faces next president; Democrats would shut detention site, but detainees remain a problem": Tom Curry, national affairs writer for MSNBC, provides this report.
Posted at 10:30 PM by Howard Bashman

"Death row inmate's sentence upheld; The 9th Circuit rejects arguments that Kevin Cooper was framed in the brutal murders of four people in Chino Hills": Henry Weinstein of The Los Angeles Times provides this news update.

My earlier coverage of today's Ninth Circuit ruling appears at this link.
Posted at 08:50 PM by Howard Bashman

"Federal Court Hears Pledge, Motto Cases": The Associated Press provides this report.
Posted at 08:47 PM by Howard Bashman

On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "Court Hears Case on Black Murder Suspect's Jury" (featuring Nina Totenberg) and "High Court on Guantanamo: Two Views" (featuring Law Professors David Cole and John Yoo).

RealPlayer is required to launch these audio segments.
Posted at 07:28 PM by Howard Bashman

In jurisprudence essays available online at Slate: Emily Bazelon has an essay entitled "Don't Know Much About History: But in the Gitmo cases, that won't stop the Bush administration from claiming it's on their side."

And Law Professor Neal Katyal has an essay entitled "On the Ground at Guantanamo: While the Supreme Court ponders, a real trial begins."
Posted at 07:18 PM by Howard Bashman

"Race to the Bottom: The Supreme Court takes on the O.J.-obsessed prosecutor." Dahlia Lithwick has this Supreme Court dispatch online at Slate.
Posted at 07:15 PM by Howard Bashman

"Former teacher Debra Lafave arrested": The St. Petersburg Times provides this news update.

The Tampa Tribune has a news update headlined "Lafave Charged With Probation Violation."

And CNN.com reports that "Former teacher who had sex with student back in trouble."

You can view the violation report at this link.
Posted at 07:05 PM by Howard Bashman

"Key Guantanamo cases hit Supreme Court; The high court hears two cases Wednesday that challenge the basic US terms of detention at the prison camp": Warren Richey will have this article Wednesday in The Christian Science Monitor.
Posted at 05:54 PM by Howard Bashman

"Padilla sentencing hearing postponed": The Miami Herald provides this news update.

And The Associated Press reports that "Padilla Sentencing Reset for Jan."
Posted at 05:45 PM by Howard Bashman

"Judges appear divided on latest challenge to students reciting Pledge": Howard Mintz of The San Jose Mercury News provides an update that begins, "A federal appeals court today appeared divided over the latest legal challenge to the Pledge of Allegiance in public schools. In an hour of legal sparring and occasional musings about the meaning of God in public life, a three-judge panel of the 9th U.S. Circuit Court of Appeals heard the case of Sacramento atheist Michael Newdow, who argues that the pledge in schools is unconstitutional because it contains the phrase 'under God.'"
Posted at 04:53 PM by Howard Bashman

Access online the transcripts of today's oral arguments before the U.S. Supreme Court: The transcript in Riegel v. Medtronic, Inc., No. 06-179, can be accessed here.

And the transcript in Snyder v. Louisiana, No. 06-10119, can be accessed here.
Posted at 04:08 PM by Howard Bashman

"Supreme Court to Hear 'O.J. Revenge' Case": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."
Posted at 03:28 PM by Howard Bashman

"Court Hears Prosecutor's 'OJ' Case": Mark Sherman of The Associated Press provides this report.

And at "SCOTUSblog," Lyle Denniston has a related post titled "Trial judges on trial?"
Posted at 02:54 PM by Howard Bashman

Unanimous three-judge Ninth Circuit panel rejects California death row inmate Kevin Cooper's latest attempt to prove his supposed innocence: You can access today's ruling at this link.

The reason the first page of the 35-page PDF file containing today's Ninth Circuit ruling states that the ruling consists of four volumes is that the official copy of the ruling includes as an attachment the 159-page federal district court decision that today's ruling affirms.
Posted at 02:40 PM by Howard Bashman

To what extent, if any, may a state Attorney General investigate evidence of possible racial discrimination in the residential real estate lending practices of several national banks and their operating subsidiaries? A partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued this ruling today.

The case involves the New York State Attorney General's appeal from a federal district court's rulings that permanently enjoined him from investigating national banks and their operating subsidiaries for possible violations of federal and state fair lending laws.
Posted at 11:10 AM by Howard Bashman

Second Circuit affirms federal criminal convictions against former mayor of Bridgeport, Connecticut: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 11:05 AM by Howard Bashman

"Court Sends Summons to Mickey Mouse": The Associated Press provides a report that begins, "Your honor, I thought I saw a pussycat! Tweety may finally air his signature complaint in front of a judge, after an Italian court ordered the animated canary along with Mickey Mouse, Donald Duck and his girlfriend Daisy to take the witness stand in a counterfeiting case."
Posted at 10:55 AM by Howard Bashman

"Supreme Court turns down 'for sale' case; Appeals-court ruling against Glendale's sign ban stands": This article appears today in The Cincinnati Enquirer.
Posted at 10:34 AM by Howard Bashman

"Court Rules for Railroads in GA Case": The Associated Press provides this report.
Posted at 10:29 AM by Howard Bashman

"Court rules on armed career criminal law": Lyle Denniston has this post at "SCOTUSblog" reporting on today's two opinions in argued cases.

Today's first ruling of the U.S. Supreme Court comes in the case of Logan v. United States, No. 06-6911, argued October 30, 2007. You can access the opinion at this link and the oral argument transcript at this link.

The Court today also issued its ruling in CSX Transportation, Inc. v. Georgia State Bd. of Equalization, No. 06-1287, argued on November 5, 2007. You can access the opinion at this link and the oral argument transcript at this link.
Posted at 10:08 AM by Howard Bashman

"Pledge, Motto Cases to Be Heard by Court": The Associated Press provides this report.
Posted at 10:04 AM by Howard Bashman

Michael A. Newdow will argue two appeals today before the U.S. Court of Appeals for the Ninth Circuit: And one of the judges on the three-judge panel that will hear and decide both appeals joined in the Ninth Circuit's previous decision holding that it's unconstitutional to include "under God" in the Pledge of Allegiance when spoken in public school.

Today's appeals challenge not only that aspect of the Pledge but also the use of "In God We Trust" on money and as this Nation's motto. My recent detailed preview of both of today's oral arguments can be accessed here.
Posted at 09:04 AM by Howard Bashman

"Court: Iowa Can't Fund Prison Ministry; Judges Find Rehabilitation Program Unconstitutional Without Secular Option." This article appears today in The Washington Post.

The New York Times reports today that "Court Bars State Effort Using Faith in Prisons."

And The Des Moines Register reports that "Court says public cannot pay for Christian prison program."

My earlier coverage of yesterday's Eighth Circuit ruling appears at this link.
Posted at 09:01 AM by Howard Bashman

"Web search for nudity is ruled 'fair use'; A federal appeals court says Google can display tiny photos in search results, even when the images are copyrighted": The Los Angeles Times today contains an article that begins, "The U.S. 9th Circuit Court of Appeals on Monday reaffirmed its earlier support for the socially redeeming value of searching the Internet for nudie pictures."

You can access yesterday's amended ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:57 AM by Howard Bashman

No seals and cross for U.S. Supreme Court: The Los Angeles Times reports today that "High court won't hear seal lawsuit; A three-year battle to restore a cross to the county emblem ends as federal justices decline to take up the case."
Posted at 08:55 AM by Howard Bashman

"Wacky tabacky case: Garden Grove police are ordered to return a suspect's marijuana; But the ruling is not as strange as it sounds." The Los Angeles Times contains this editorial today. My earlier coverage appears at this link.
Posted at 08:53 AM by Howard Bashman

"Nevada man is guilty of killing trees; Douglas Hoffman, 60, of Henderson faces up to 35 years in prison for destroying hundreds of trees that blocked his view of the Strip": This article appears today in The Los Angeles Times. I'm pleased to report that the defendant is not a federal appellate judge (but see here, here, and here).
Posted at 08:49 AM by Howard Bashman

"Rogan may be denied seat on federal bench; Boxer says she intends to block the former GOP congressman": David G. Savage has this article today in The Los Angeles Times.

The Associated Press reported last week that "Boxer blocking former Rep. Rogan nomination to federal judiciary."

And in somewhat related news, last Thursday's issue of The Washington Post reported that "Impeachment Is So Yesterday for Clinton, Rogan."
Posted at 08:42 AM by Howard Bashman

"Now Online, a Guide to Detainee Treatment": The Washington Post today contains an article that begins, "As the Supreme Court prepares to hear arguments this week on the rights of enemy combatants at Guantanamo Bay, Cuba, the public is getting another peek at how detainees have been treated there."

I previously linked to the guide in this earlier post from mid-November 2007.
Posted at 08:33 AM by Howard Bashman

"Justices Express Skepticism in a Discrimination Case": In today's edition of The New York Times, Linda Greenhouse has an article that begins, "Beneath the surface of a Supreme Court argument on Monday in a case of job-related age discrimination was a surprising question: has the Supreme Court drifted so far toward the employer's side in job discrimination cases that it is now to the right of the Bush administration?"
Posted at 08:22 AM by Howard Bashman

"Congress Has a Way of Making Witnesses Speak: Its Own Jail." Today in The New York Times, Adam Cohen has an "Editorial Observer" essay that begins, "Congress and the White House appear to be headed for a constitutional showdown. The House of Representatives is poised to hold Joshua Bolten, the White House chief of staff, and Harriet Miers, a former White House counsel, in contempt for failing to comply with subpoenas in the United States attorneys scandal."
Posted at 08:20 AM by Howard Bashman

"Evolution and Texas": The New York Times today contains an editorial that begins, "Is Texas about to become the next state to undermine the teaching of evolution?"
Posted at 08:17 AM by Howard Bashman

"Serving Life for Providing Car to Killers": Adam Liptak has this front page article today in The New York Times.
Posted at 08:13 AM by Howard Bashman

"It's Party Time For Dickie Scruggs In Oxford, Miss.; Home of Faulkner, Grisham Rallies Round a Lawyer Just Indicted for Bribery": Paulo Prada and Peter Lattman have this front page article today in The Wall Street Journal.
Posted at 08:07 AM by Howard Bashman

"Supreme Court May Take Up New York City Teacher Exam": Today in The New York Sun, Joseph Goldstein has an article that begins, "The Supreme Court is signaling that it may decide whether the teacher certification exam used by New York City illegally discriminates against minority applicants. Yesterday, the federal high court asked the Justice Department for its view on whether the court should take the case. The move doesn't necessarily mean that the Supreme Court will hear the dispute, but it is a sure sign that the justices are interested."
Posted at 08:04 AM by Howard Bashman

"U.S. military more open to gays serving openly; A group of retired generals, the current chief of the Joint Chiefs, and a majority of returning soldiers say full disclosure should replace 'don't ask, don't tell' law": This article appears today in The Christian Science Monitor.

And today in The Los Angeles Times, Nathaniel Frank has an op-ed entitled "Don't need 'don't ask, don't tell'; Rhetoric from presidential candidates aside, gays in the military have wide support."
Posted at 08:02 AM by Howard Bashman

"High court may bar claims for FDA-approved drugs; Injured patients could be prevented from suing manufacturers; The cases may also affect lawsuits already filed": The Los Angeles Times today contains an article that begins, "The U.S. Supreme Court will hear arguments today in the first of two cases this term that consumer advocates fear could shut courthouse doors to patients injured by FDA-approved drugs or medical devices."

Greg Stohr of Bloomberg News reports that "Medtronic, Medical-Device Makers Seek to Block Patient Suits."

CNNMoney.com reports that "Medical devices put to legal test; Protections for makers of catheters and other medical equipment are at stake as lawsuit against Medtronic goes before U.S. Supreme Court."

And Minnesota Public Radio provides a written report headlined "Medtronic heads to the Supreme Court."
Posted at 07:58 AM by Howard Bashman

"Secrets Case Eyes Jurors' Religion": Today in The New York Sun, Josh Gerstein has an article that begins, "As two pro-Israel lobbyists near trial on charges of trafficking in classified information, a federal judge is preparing to grapple with some thorny questions, such as what to ask potential jurors about their religion and whether it is legal to knock jurors off the case based on their perceived religious affiliations."
Posted at 07:52 AM by Howard Bashman

In commentary available online at FindLaw: Carl Tobias has an essay entitled "The Successes of Chief Judge Mary Schroeder of the U.S. Court of Appeals for the Ninth Circuit: How She Set the Bar High."

And Scott Douglas Gerber has a book review essay entitled "The Partisan Reaction to Clarence Thomas's My Grandfather's Son: How Reviewers Have Proven Themselves Unable to Put Politics Aside to Provide a Fair Assessment of the Justice's Memoir."
Posted at 07:45 AM by Howard Bashman

Monday, December 03, 2007

Available online from law.com: Marcia Coyle has an article headlined "High Court Justices to Review Detainees' Rights Under Habeas Corpus; Court to weigh whether Military Commissions Act unconstitutionally bars access to the writ."

An article headlined "N.Y. State Brief Defends Restrictions on Attorney Advertisements; Argues commercial speech can be limited" begins, "A Northern District of New York federal judge failed to recognize the limits the U.S. Supreme Court has placed on commercial free speech when he ruled that most of New York state's new restrictions on attorney advertisements are unconstitutional, the state is arguing on appeal."

And Shannon P. Duffy reports that "Finding Immunity Deal Breached, Federal Judge Dismisses Antitrust Indictment."
Posted at 11:20 PM by Howard Bashman

"State's system of electing justices called 'troubling'": This article appears today in The Wisconsin State Journal.

And today in The Capital Times of Madison, Wisconsin, John Nichols has an op-ed entitled "Why Ziegler must quit the court."
Posted at 09:15 PM by Howard Bashman

"Supreme Court upholds law divvying up lawsuit liability": The Arizona Daily Star provides a news update that begins, "A 20-year-old law doesn't violate Arizona's constitutional rights to sue even if it effectively leaves consumers unable to recover all their damages, the state Supreme Court ruled Monday. The justices rejected arguments that a company which distributes a faulty product is automatically liable for any and all damages it causes."

You can access today's ruling of the Supreme Court of Arizona at this link.
Posted at 09:04 PM by Howard Bashman

"Glendale 'for sale' sign saga ends": The Cincinnati Enquirer provides a news update that begins, "The battle over 'for sale' signs in Glendale will not be heading to the U.S. Supreme Court. The court rejected a request Monday to review Glendale’s ban on 'for sale' signs on cars parked on public property, which the U.S. 6th Circuit Court of Appeals found violated the First Amendment."
Posted at 08:57 PM by Howard Bashman

"A Big Week for Old Grudge: With Detainees And Death Penalty Cases, Supreme Court Reconsiders Emotional Issues." CBS News legal analyst Andrew Cohen has this CourtWatch essay online today.
Posted at 08:54 PM by Howard Bashman

"Rights for embryos proposed; Abortion foes push state initiatives to bestow 'personhood'": This article appears today in The Chicago Tribune, which also contains a related article headlined "Ethicists ponder embryo personhood."
Posted at 08:53 PM by Howard Bashman

"Sleeping Giant: The Supreme Court needs to do a better job of protecting the Constitution; Here's how we could force them to." Eric Rauchway has this essay online today at The New Republic.
Posted at 08:30 PM by Howard Bashman

"Guantanamo Case Goes Beyond Detainee Rights": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:20 PM by Howard Bashman

"Supreme Court to Hear Guantanamo Case": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day."

And this past Saturday's broadcast of C-SPAN's "America & the Courts" featured a moot court of the case (RealPlayer required), with Chief Justice Joan Biskupic presiding and Tenth Circuit Judge Michael W. McConnell arguing the federal government's side of the case.
Posted at 05:00 PM by Howard Bashman

"How hard can judges crack down on bias? The high court takes up a case where racial bias may have affected jury selection." Warren Richey will have this article Tuesday in The Christian Science Monitor.
Posted at 04:45 PM by Howard Bashman

"Court: State can't pay for religious prison treatment." The Des Moines Register provides a news update that begins, "Spending taxpayer money on a faith-based treatment program in which Iowa prisoners immerse themselves in evangelical Christianity is unconstitutional, a federal appeals court ruled today. The 8th U.S. Circuit Court of Appeals, in a 28-page decision, concluded that the program at the Newton Correctional Facility has advanced religious indoctrination at government expense."

My earlier coverage of today's Eighth Circuit ruling appears at this link.

In related news, two separation of church and state appeals will be heard tomorrow before the U.S. Court of Appeals for the Ninth Circuit due to the efforts of Michael A. Newdow, as I noted in this post from Saturday night.
Posted at 04:32 PM by Howard Bashman

"Appeal Heard in Border Agents' Shooting": The Associated Press provides this report.

And The Houston Chronicle provides a news update headlined "Judge: Prosecutors 'overreacted' in border shooting."
Posted at 04:25 PM by Howard Bashman

"Writing Lessons: The Supreme Court plays Six Degrees of Kevin Bacon." Doug Kendall has this jurisprudence essay online at Slate.
Posted at 03:52 PM by Howard Bashman

Access online the transcript of today's U.S. Supreme Court oral argument in Sprint/United Management Co. v. Mendelsohn, No. 06-1221: The Court has posted the transcript at this link.
Posted at 03:19 PM by Howard Bashman

"The Court: How 'So Few Have So Quickly Changed So Much.'" In the December 20, 2007 issue of The New York Review of Books, Anthony Lewis has this review of Jeffrey Toobin's book, "The Nine: Inside the Secret World of the Supreme Court."
Posted at 01:40 PM by Howard Bashman

"U.S. rights stance faces big test in Guantanamo case": Reuters provides a report that begins, "The tarnished U.S. human rights image faces a major test this week as the Supreme Court considers whether terrorism suspects held for years without charges at Guantanamo Bay are wrongly detained."

And if anyone doubts whether the case represents a "major test," word from a "How Appealing" reader based at GTMO is that ABC News correspondent Jan Crawford Greenburg was there last week for some first-hand reporting.
Posted at 12:40 PM by Howard Bashman

U.S. Court of Appeals for the Eighth Circuit announces its ruling in Americans United for Separation of Church and State v. Prison Fellowship Ministries, Inc.: You can access today's ruling at this link.

That court's own summary of the decision begins:

In action by inmates, taxpayers, inmate relatives and Americans United for Separation of Church and State alleging prison officials decision to pay the non-sectarian expenses of a values-based pre-release program violated the Establishment Clause of the First Amendment, the inmates, the taxpayer and Americans United had standing to challenge the program, while contributors to the inmates' telephone accounts did not; matter was not moot; defendants Prison Fellowship and InnerChange were state actors for Section 1983 purposes; because the indoctrination and definition criteria indicate InnerChange had the effect of advancing or endorsing religion, the state's direct aid to InnerChange during the years 2000 to 2004 violated the Establishment clauses of the U.S. and Iowa Constitutions; the district court did not err in finding that the per diem structure used for the program from 2005 to 2007 also violated the Establishment clauses of the U.S. and Iowa Constitutions

Circuit Judge Duane Benton wrote the opinion on behalf of a unanimous three-judge panel, which included retired Justice Sandra Day O'Connor sitting by designation.
Posted at 12:24 PM by Howard Bashman

"Ending Bush's War On Due Process": In today's issue of National Journal, Stuart Taylor Jr. has an essay that begins, "Lakhdar Boumediene was abducted almost six years ago from his home in Bosnia and flown to Guantanamo. He may be a bad guy. Or he may not be. We have no idea. The reason is President Bush's continuing war on due process, which has blighted the lives of some unknown number of innocent men while doing vast damage to America's standing in the world."
Posted at 10:54 AM by Howard Bashman

The Associated Press is reporting: Pete Yost reports that "Court to Hear Case Over Marcos-Era Funds."

And in other coverage from The AP of today's Order List of the U.S. Supreme Court, "Justices Turn Down Online Piracy Case"; "Court Backs Ruling Against Congressman"; "Court to Stay Out of LA County Seal Case"; and "Court Rejects Mental Health Case."
Posted at 10:42 AM by Howard Bashman

"Court to rule on right to lawyer": Lyle Denniston has this post at "SCOTUSblog." According to Lyle's post, the Court granted review in a total of three cases today.

Update: Today's Order List of the U.S. Supreme Court also reflects that the Court called for the views of the Solicitor General in one case.
Posted at 10:10 AM by Howard Bashman

"2nd Circuit Offers Glimpse of Federal Courts' Recusal Process": You can access today's installment of my "On Appeal" column for law.com at this link.
Posted at 09:42 AM by Howard Bashman

"New team looks into Jovin death; Following takeover from Cold Case Unit, state detectives treat student murder as 'brand new'": This article appears today in The Yale Daily News.

Last Thursday's issue of The Hartford Courant contained an article headlined "Super Sleuths In Jovin Probe; Decorated Ex-Cops Tackle 1998 Killing Of Yale Student." On Saturday, the newspaper published an article headlined "Jovin Family Plea: Homicide Victim's Sister Asks Public To Help New Investigative Team Solve Case." Yesterday's newspaper contained an editorial entitled "Who Killed Suzanne Jovin?" And Donald S. Connery had an op-ed yesterday entitled "Has Case Gotten Colder? A Decade After The Murder Of Suzanne Jovin In New Haven, The Case Is Back In The Hands Of The Department That First Fumbled It."
Posted at 09:20 AM by Howard Bashman

"Jury under justices' scrutiny; The Supreme Court will hear a Louisiana case in which a black man was sentenced to die after all blacks were kept off the panel": Henry Weinstein has this article today in The Los Angeles Times.
Posted at 09:05 AM by Howard Bashman

"Justice on the Mend: The new attorney general's first steps are encouraging." This editorial appears today in The Washington Post.
Posted at 09:02 AM by Howard Bashman

"'I will never leave Guantanamo'": Sabin Willett has this op-ed today in The Boston Globe.
Posted at 09:00 AM by Howard Bashman

"Guantanamo Case May Mean Greater Wartime Role for U.S. Courts": Greg Stohr and Jeff St.Onge of Bloomberg News provide this report.
Posted at 08:55 AM by Howard Bashman

"In Pa., Scouts Refuse to Lift Ban; Chapter to Ignore City's Order to Alter Policy Excluding Gays": The Washington Post contains this article today.
Posted at 08:52 AM by Howard Bashman

"Facebook Founder Finds He Wants Some Privacy": This article appears today in The New York Times. According to the article, "Facebook tried last week to force the magazine 02138 to remove some unflattering documents about Mr. Zuckerberg from its Web site. But a federal judge turned down the company's request for a court order to take down the material, according to the magazine's lawyers."

Today's article goes on to report that "The [magazine] article relied in part on documents submitted in the lawsuit, in Federal District Court in Boston, that were ordered sealed by the judge in the case, Douglas P. Woodlock. On its Web site, 02138 posted not only the article, but also the documents, which include Mr. Zuckerberg's handwritten application for admission to Harvard and an excerpt from an online journal he kept as a student that contains biting comments about himself and others.... [The freelance reporter who wrote the article] said he had obtained the papers in mid-September from the First Circuit Court of Appeals in Boston, which considered a part of the case, where a clerk apparently made a mistake and let him read and copy sealed documents, along with those that were still supposed to be open to the public."

And in other coverage, The Harvard Crimson reports today that "Facebook Founder Loses Court Battle."

You can view the magazine's web site here, and the court documents in question can be accessed via this link.
Posted at 08:44 AM by Howard Bashman

"Ex-border agents' case back in court; Appeals panel to consider hotly debated shooting of suspected drug smuggler": The Houston Chronicle today contains an article that begins, "A panel of federal appeals court judges will hear arguments today in the controversial case of two former U.S. Border Patrol agents sentenced to more than a decade in prison for shooting a suspected drug smuggler and then trying to cover it up."

The El Paso Times reports today that "Agents' shooting appeal is today."

And The Washington Times reports that "Border agents appeal verdict."
Posted at 08:27 AM by Howard Bashman

"Supreme Court forum discusses changes in the Court's decision-making": Harvard Law School has issued this news release.
Posted at 08:14 AM by Howard Bashman

"Oliver Hill Team Wins Ames; Justice Scalia Presides": This article appears in the current issue of The Harvard Law Record.

And Harvard Law School has issued a news release entitled "HLS holds 'Ames Finals' moot court competition with Justice Scalia presiding."

Joining Justice Antonin Scalia in presiding over the moot court competition were Tenth Circuit Judge Carlos F. Lucero and Second Circuit Judge Debra Ann Livingston. You can view video of the event by clicking here (RealPlayer required).
Posted at 08:11 AM by Howard Bashman

"Federal Judge Lands at Center Of a New York Legal Mystery": Today in The New York Sun, Joseph Goldstein has an article that begins, "The docket of Judge Jack Weinstein in Brooklyn has long been a magnet for big lawsuits with billions of dollars at stake. In case after case involving guns, cigarettes, Agent Orange, breast implants, typing keyboards, asbestos, and pharmaceuticals, manufacturers have defended their products before the now 86-year-old federal judge."

The article goes on to report that "The latest interest in Judge Weinstein doesn't stem from any of his Page 1-worthy rulings but the more arcane question of how some of his cases got assigned to the judge in the first place."
Posted at 08:00 AM by Howard Bashman

"The Supreme Court Faces the Kangaroo Courts": Joanne Mariner has this essay online today at FindLaw.
Posted at 07:47 AM by Howard Bashman

Sunday, December 02, 2007

"Controversial Judge Gets a Promotion": This interview (RealPlayer required) with Ninth Circuit Chief Judge Alex Kozinski appeared on Friday's broadcast of "The California Report Magazine" on KQED public radio (via the first comment to this post at "The Volokh Conspiracy").
Posted at 10:40 PM by Howard Bashman

"For Justices, Another Day on Detainees": Linda Greenhouse will have this article Monday in The New York Times.
Posted at 10:24 PM by Howard Bashman

"Carefully Plotted Course Propels Gun Case to Top": Adam Liptak will have this "Sidebar" column in Monday's issue of The New York Times.
Posted at 10:20 PM by Howard Bashman

"The Secret Circuit: The Little-Known Court Where the Rules of the Information Age Unfold." Bruce D. Abramson has written this book about the U.S. Court of Appeals for the Federal Circuit.

And today in The San Francisco Chronicle, Joshua Spivak has a book review entitled "'Secret Circuit' describes world of U.S. patent court."
Posted at 10:18 PM by Howard Bashman

"Lawsuit Against Intel Stalls; An Illinois judge dismissed a ruling approving a class-action lawsuit over Pentium speeds": IDG News Service provides a report that begins, "Intel had a legal reprieve Thursday when an Illinois judge threw out a state appeals court ruling that would have launched a nationwide class-action lawsuit against the company over Pentium 4 processors. The Illinois Supreme Court reversed the decision of the appeals court, which had said the suit could go forward. The action accused Intel of misrepresenting the speed of Pentium 4 processors."

You can access last Thursday's ruling of the Supreme Court of Illinois at this link.
Posted at 10:12 PM by Howard Bashman

Available online from National Public Radio: Today's broadcast of "Weekend Edition Sunday" contained an audio segment entitled "High Court Revisits Guantanamo Detainee Rights" featuring Nina Totenberg.

And yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "Witness Identities Withheld in Guantanamo Trial."

RealPlayer is required to launch these audio segments.
Posted at 10:05 PM by Howard Bashman

"High Court made right decision in grandparents' rights case": The Sauk Valley Newspapers today contain an editorial that begins, "Fair-minded Illinois grandparents should not take Thursday's Illinois Supreme Court ruling as anything other than what it is - an affirmation that the rights of responsible parents can't be trumped by something called 'grandparents' rights.'"

You can access last Thursday's ruling of the Supreme Court of Illinois at this link.
Posted at 09:02 PM by Howard Bashman

"What's a fair sentence for Jose Padilla? The Al Qaeda recruit asks the court to weigh his torture allegations; The US calls conditions in the brig 'irrelevant.'" Warren Richey will have this article Monday in The Christian Science Monitor.
Posted at 06:18 PM by Howard Bashman

"Tug of War Over Gitmo; Key cases this week signal the strain over prisoners' rights": Emma Schwartz will have this article in the December 10, 2007 issue of U.S. News & World Report.
Posted at 06:15 PM by Howard Bashman

"We're All Journalists Now: Yes, the media aren't winning public favor these days; But when we limit their freedom, we undermine everyone's." Tom Keane has this essay in today's issue of The Boston Globe Sunday Magazine.
Posted at 11:09 AM by Howard Bashman

"Supreme Court not off the hook; Calls come for investigation into changing of bar exam grades": This article appears today in The State of Columbia, South Carolina.

And, somewhat relatedly, the newspaper also reports today that "Screening to begin to replace retiring Supreme Court justice."
Posted at 11:07 AM by Howard Bashman

"High court considers access suit; Justices will decide by Dec. 10 whether to take case": The Anchorage Daily News today contains an article that begins, "Papa Pilgrim may be going to prison, but his lawsuit is going to the Supreme Court. On Friday, the U.S. Supreme Court will discuss whether to hear the case brought by the family of Robert Hale over access to their remote homesite inside Wrangell-St. Elias National Park. A decision on whether the case will be accepted is due Dec. 10."
Posted at 11:04 AM by Howard Bashman

"Staring down the barrel": Today in The Boston Globe, Law Professor Cass R. Sunstein has an op-ed that begins, "The Second Amendment to the Constitution says that 'the right of the people to keep and bear arms shall not be infringed.' Now that the Supreme Court has agreed to interpret the amendment, gun advocates are asking: What could be plainer? But the Second Amendment is anything but plain. Indeed, no other provision of the Bill of Rights remains nearly so mysterious."

And in today's edition of The Allentown Morning Call, Daylin Leach has an op-ed entitled "Second Amendment allows gun control."
Posted at 11:00 AM by Howard Bashman

"Litigation compounds disaster; Notes from a survivor of the Exxon Valdez oil spill": Riki Ott has this op-ed today in The San Francisco Chronicle.
Posted at 10:55 AM by Howard Bashman

"Won't shave until he gets a raise; Straniere notes judges haven't had a pay hike in nine years": The Staten Island Advance today contains an article that begins, "Staten Island may become its own judicial district, and may get a new courthouse complex, but Acting Supreme Court Justice Philip Straniere isn't touching a razor until New York state judges get a raise."
Posted at 10:54 AM by Howard Bashman

"Lethal counsel -- Texas sentences more people to death than any other state in America, and the emotional toll on its defence lawyers is so great that many only ever work on a handful of cases; Not so Jerry Guerinot; He's defended 39 men and women; The bad news: 20 have been sentenced to death; Is he incompetent, or does he just get the 'hardest cases'?" David Rose has this lengthy article in today's issue of The Observer (UK) Magazine.
Posted at 10:50 AM by Howard Bashman

"Texas reaches milestone: 25 years, 405 execution." The Fort Worth Star-Telegram contains this article today, along with an item headlined "Questions, answers about the death penalty." The newspaper also contains an editorial entitled "The long green mile of the death penalty," and columnist Bob Ray Sanders has an op-ed entitled "The first to die by injection."

The Newark (N.J.) Star-Ledger reports today that "Stage is set for fight over death penalty."

The Dallas Morning News contains an editorial entitled "The Myth of Deterrence: Death penalty does not reduce homicide rate."

And today in The New York Times, Brigid C. Harrison has an op-ed entitled "Death to Capital Punishment."
Posted at 10:32 AM by Howard Bashman

"High-stakes decision: The U.S. Supreme Court ponders this week when injured patients can sue medical device makers." This article appeared yesterday in The Pioneer Press of St. Paul, Minnesota.

And The Minneapolis Star Tribune today contains an article headlined "Medtronic will face high court; Can patients sue med-tech companies in state court over devices approved by the feds? Many will watch Tuesday's appeal."
Posted at 10:20 AM by Howard Bashman

"Power Struggle to Control Ancient Bones": The Associated Press provides a report that begins, "Scientists hoping to study the ancient skeleton known as Kennewick Man are protesting efforts that they say could block them from examining one of the oldest and most complete set of bones ever found in North America."
Posted at 10:15 AM by Howard Bashman

"Waging the war on child porn; Prosecutors enlist help to track abusers, halt Web images": This front page article appears today in The Houston Chronicle.
Posted at 10:05 AM by Howard Bashman

Saturday, December 01, 2007

"US says it has right to kidnap British citizens": The Sunday Times of London contains an article that begins, "America has told Britain that it can 'kidnap' British citizens if they are wanted for crimes in the United States. A senior lawyer for the American government has told the Court of Appeal in London that kidnapping foreign citizens is permissible under American law because the US Supreme Court has sanctioned it."
Posted at 11:58 PM by Howard Bashman

"Ziegler too tarnished, should resign as justice": Today in The Capital Times of Madison, Wisconsin, Diane Everson has an op-ed that begins, "This is a first for Wisconsin. It is unprecedented for a Supreme Court justice to be accused of violating the state's code of judicial ethics."

And Thursday in The Oshkosh Northwestern, Carol McDonald had an op-ed entitled "Judge not fit to serve on state Supreme Court."
Posted at 11:54 PM by Howard Bashman

"State's top court won't remove Nichols judge": This article appears today in The Atlanta Journal-Constitution.
Posted at 11:52 PM by Howard Bashman

"Professor faults way Kansas picks Supreme Court justices": The Kansas City Star contains this article today.

The Lawrence Journal-World reports today that "Judicial selection process criticized."

And Friday's edition of The Topeka Capital-Journal reported that "Professor seeks to change judicial selection process."
Posted at 11:50 PM by Howard Bashman

"Supreme Court justice coming to Chapman University; Clarence Thomas will speak and sign his new book": This article appeared Friday in The Orange County Register. The visit will occur December 17th.
Posted at 11:40 PM by Howard Bashman

"Pledge fight to return to S.F. courtroom; Atheists object to 'under God' phrase": Howard Mintz has this article today in The San Jose Mercury News.

Michael Newdow is scheduled to argue the appeal on Tuesday before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. The panel assigned to hear the appeal will consist of Circuit Judges Stephen Reinhardt and Carlos T. Bea and Senior Circuit Judge Dorothy W. Nelson.

Judge Reinhardt, of course, was on the earlier three-judge Ninth Circuit panel that held the inclusion of "under God" in the Pledge of Allegiance was unconstitutional with respect to school children, and he joined in that ruling. Neither Judge Bea nor Judge Nelson was on that earlier three-judge panel.

The federal district court's decision that the Ninth Circuit will be reviewing can be accessed at this link. Newdow has made available via this link the documents filed in the district court and on appeal to the Ninth Circuit.

I have written extensively about the incorrect premise of the federal district court's ruling (see my earlier posts here, here, and here) and also on the effect of the U.S. Supreme Court's reversal for lack of plaintiff's standing on the precedential effect of the Ninth Circuit's earlier ruling (see here and here).

And if that's not enough fun for one day, that very same three-judge Ninth Circuit panel, also on Tuesday, December 4, 2007, will have the pleasure of hearing Newdow's challenge to the use of the phrase "In God We Trust" on the Nation's money and as the Nation's motto. Newdow has also posted online the documents filed in the district court and the Ninth Circuit in connection with this separate case, and you can access them via this link.
Posted at 11:32 PM by Howard Bashman

"Court to review racial element in picking jury": James Oliphant will have this article Sunday in The Chicago Tribune. According to the article, "The accusation of race-based jury selection will be aired before the U.S. Supreme Court this week in a case involving a former Jefferson Parish prosecutor who once kept a toy electric chair on his desk."
Posted at 11:00 PM by Howard Bashman

"Court says sperm donor liable for child support": Today's edition of Newsday contains an article that begins, "A Nassau County man who said he donated sperm to a female co-worker as a friendly gesture -- and then sent presents and cards to the child over the years -- is legally considered the father and may have to pay child support for the college-bound teenager, according to a judge's ruling."
Posted at 03:30 PM by Howard Bashman

"Missouri man battles Washington over 2,000-year-old coins": McClatchy Newspapers provide this report.
Posted at 03:28 PM by Howard Bashman

"Guantanamo Lawyers Say Work is Life-Changing": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Weekend Edition Saturday."
Posted at 03:14 PM by Howard Bashman

"D.C. rally calls for 'don't ask, don't tell' repeal; An ex-soldier who hid his sexuality to avoid being discharged under the law and other opponents mark the policy's 14th anniversary": This article appears today in The Los Angeles Times.
Posted at 03:05 PM by Howard Bashman

"A Little Less Conversation: The wrong-headed movement to force judicial nominees to open up more in Senate confirmation hearings." Benjamin Wittes has this essay online at The New Republic.
Posted at 03:00 PM by Howard Bashman

"Open Books: Why Supreme Court justices' speeches are less important than oral arguments." Dahlia Lithwick has this jurisprudence essay online at Slate.
Posted at 02:54 PM by Howard Bashman

"Jordan's Spy Agency: Holding Cell for the CIA; Foreign Terror Suspects Tell of Torture." This front page article appears today in The Washington Post.
Posted at 02:50 PM by Howard Bashman

"Army Pays $725 in Set-Aside World War II Case": The New York Times today contains an article that begins, "A month after the Army said it made a mistake when it court-martialed Samuel Snow and 27 other black soldiers in World War II, the Pentagon has cut Mr. Snow a check for back pay, money withheld while he served a year in prison on a rioting conviction. The check was for $725. No interest. No adjustment for inflation."
Posted at 02:45 PM by Howard Bashman

"Jurist's status amid harassment case raises questions": Today in The San Antonio Express-News, columnist Gary Martin has an essay that begins, "A sordid sexual harassment case involving a Texas federal judge has prompted a congressional Republican hopeful to use his campaign office to seek impeachment proceedings against the accused wayward jurist."
Posted at 02:34 PM by Howard Bashman

"Death in the Family: Booth Gardner, a former governor of Washington State who has Parkinson's, is urgently lobbying for a doctor-assisted-suicide law; His son is among those fighting him every step of the way." This cover story will appear in tomorrow's edition of The New York Times Magazine.
Posted at 02:25 PM by Howard Bashman

"Musharraf's emergency upends Pakistan's courts": McClatchy Newspapers provide a report that begins, "A month after President Gen. Pervez Musharraf declared a state of emergency in Pakistan, the country's once-independent judiciary is in disarray and still under attack, making it unlikely that America's closest ally in the war on terrorism will have a functioning democracy anytime soon. Police lines surround the principal courts, unfit judges are taking over the judicial apparatus and the enormous number of lawyers on hunger strikes has slowed the wheels of justice."
Posted at 02:22 PM by Howard Bashman

"Witness Names to Be Withheld From Detainee": The New York Times today contains a front page article that begins, "Defense lawyers preparing for the war crimes trial of a 21-year-old Guantanamo detainee have been ordered by a military judge not to tell their client -- or anyone else -- the identity of witnesses against him, newly released documents show."
Posted at 02:20 PM by Howard Bashman

"Detainees Get Third Round at High Court": Mark Sherman of The Associated Press provides this report.

And Michael Doyle of McClatchy Newspapers reports that "Guantanamo prisoners to ask Supreme Court for basic rights."
Posted at 01:53 PM by Howard Bashman

The Ninth Circuit passes the gavel to its newest chief judge: You can view the photo by clicking here. You can access a list of the Ninth Circuit's previous nine chief judges at this link. A few more details appear in this post of mine from yesterday.
Posted at 12:48 PM by Howard Bashman

"U.S. judge tosses out case over immunity; He blasted the prosecutors, who reneged on amnesty for the firm": The Philadelphia Inquirer today contains an article that begins, "A federal judge in Philadelphia dismissed a major antitrust indictment against a Luxemburg shipping company and two executives yesterday, chastising U.S. prosecutors who granted the company immunity, then later indicted the company."

My most recent earlier coverage appears here and here.
Posted at 12:44 PM by Howard Bashman

Friday, November 30, 2007

Available online from law.com: The brand new installment of my "On Appeal" column is headlined "2nd Circuit Offers Glimpse of Federal Courts' Recusal Process."

And Brian Wommack has an essay entitled "Let the People See Justice: For the good of the nation, the Supreme Court's oral arguments belong on television."
Posted at 11:15 PM by Howard Bashman

"Stolt-Nielsen S.A. Wins Amnesty Agreement Case Against the DOJ Antitrust Division": Reuters provides this report.

And Dow Jones Newswires report that "Stolt-Nielsen Case Is Dismissed."

My earlier coverage appears at this link.
Posted at 05:30 PM by Howard Bashman

"[W]e hold that ... the prosecutor must inform the grand jury whenever the accused clearly and unconditionally indicates to the state that he or she desires to testify before the grand jury." So holds the Supreme Court of Alaska in a decision issued today. Thanks to a reader in Juneau for the pointer.
Posted at 05:25 PM by Howard Bashman

"Sixth Circuit going en banc on acquitted conduct enhancements!" Doug Berman has this post at his "Sentencing Law and Policy" blog.
Posted at 05:00 PM by Howard Bashman

U.S. District Court for the Eastern District of Pennsylvania enforces amnesty agreement in favor of Stolt-Nielsen S.A. and against the Antitrust Division of the U.S. Department of Justice by dismissing the criminal indictment against that company and two of its executives: In response to the ruling, the company issued this press release.

I have posted online both the trial court's memorandum opinion and the trial court's findings of fact and conclusions of law.
Posted at 03:14 PM by Howard Bashman

"My colleagues should shut up!" The "Washington Whispers" blog of U.S. News & World Report attributes that quote to Justice Clarence Thomas, speaking Wednesday night at Hillsdale College in Michigan.

"The Lede" blog of The New York Times notes the quote today in a post titled "Clarence Thomas's Case for Shutting Up."

On November 8, 2007, the blog "DailyWrit" had this post purporting to chart how often each Justice starts speaking (although not the volume of what they are saying or its relative value). A PDF version of the chart can be accessed here.
Posted at 02:55 PM by Howard Bashman

U.S. Court of Appeals chief judge trivia contest -- an answer to question two:

Question two -- the most difficult of my four questions -- asked: "The U.S. Courts of Appeals came into existence in 1891 pursuant to the Evarts Act. When was the most recent earlier time, if ever, that the chief judges of the U.S. Courts of Appeals had all been appointed by Presidents from the same political party? For extra credit, identify each of the times this has happened between 1891 and today (assuming that this has ever happened before)."

Reader Jason McNamara emailed to correctly note that in 1981 -- between April 6th when Fourth Circuit Chief Judge Clement F. Haynsworth, Jr. took senior status, making Harrison L. Winter the chief judge of that court, and October 1st, when the creation of the Eleventh Circuit caused Charles Clark to become chief judge of the Fifth Circuit -- all of the chief judges of the U.S. Courts of Appeals had been appointed to those courts by Democratic presidents.
Posted at 02:44 PM by Howard Bashman

May a plaintiff obtain a jury trial of a lawsuit removed to federal court pursuant to the Foreign Sovereign Immunities Act if the foreign-government instrumentality becomes privatized before the case reaches trial? In an interesting ruling issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, Judge Richard A. Posner concludes that a lawsuit removed to federal court solely based on the FSIA should not be tried to a jury even if the foreign sovereign defendant ceases to be a foreign sovereign before the time of trial.

The case was argued earlier this month, and you can download the oral argument audio via this link (7.14MB mp3 audio file).
Posted at 02:17 PM by Howard Bashman

Just visiting: The U.S. Court of Appeals for the Federal Circuit today posted the following announcement to its web site: "Since September 2006, eighteen judges from circuit and district courts around the country have sat with the Federal Circuit. A list of the visiting judges who have sat with the court can be seen here." No word yet on whether this experiment has caused U.S. District Judges in general to feel better about the Federal Circuit.
Posted at 12:44 PM by Howard Bashman

Thanks to everyone who emailed answers in response to this morning's "U.S. Court of Appeals chief judge trivia contest": The correct answers to questions one and three, and what I believe to be the correct answer to question four, appear in the two posts immediately below. Thus far, however, I've received only one attempt at guessing the correct answer to the most difficult of the four questions -- question two.

Noting that later today all thirteen chief judges of the U.S. Courts of Appeals will have been appointed to those courts by Republican presidents, question two asked: "The U.S. Courts of Appeals came into existence in 1891 pursuant to the Evarts Act. When was the most recent earlier time, if ever, that the chief judges of the U.S. Courts of Appeals had all been appointed by Presidents from the same political party? For extra credit, identify each of the times this has happened between 1891 and today (assuming that this has ever happened before)."

The only person thus far to hazard a guess at the answer to this question was the aforementioned reader based in New York City who asked not to be identified further. That reader emailed, "I think the answer to 2 might be never, given FDR's lack of appointments to the 4th and Eisenhower's lack of appointments to the 3rd."
Posted at 12:38 PM by Howard Bashman

U.S. Court of Appeals chief judge trivia contest -- the answer to question four:

Question four asked: "Using the same assumption provided for question 3, which of the U.S. Courts of Appeals would be the first to have a chief judge who was appointed to that court by President George W. Bush?"

Reader John Bledsoe was the first to correctly respond that George W. Bush appointee William J. Riley stands to become Chief Judge of the U.S. Court of Appeals for the Eighth Circuit in 2010.
Posted at 12:30 PM by Howard Bashman

U.S. Court of Appeals chief judge trivia contest -- answers to questions one and three:

Question one asked: "Assuming that Alex Kozinski serves a full seven-year term as chief judge of the Ninth Circuit, which Ninth Circuit judge would become the Ninth Circuit's chief judge seven years from today?"

In response, reader David K. Neidert writes, "I believe the answer to Question 1 is Sidney Thomas (and if the circuit was split with California, Hawaii, and Territorial Islands in the 9th and everyone else in the new 12th) then Kim McClain Wardlaw would be Chief Judge of the Ninth and Thomas Chief Judge of the 12th (assuming all judges went to the Circuit containing their respective states)."

Question three asked: "Assume that, after Alex Kozinski becomes the Ninth Circuit's chief judge later today, each chief judge of the U.S. Courts of Appeals remains in his or her post until statutorily required to vacate the chief judgeship. Which of the U.S. Courts of Appeals would then be the first to have a chief judge who was appointed to that court by President William J. Clinton?"

My "20 questions for the appellate judge" interview with Tenth Circuit Chief Judge Deanell Reece Tacha states that she became chief judge of that court on January 26, 2001. Assuming that First Circuit Chief Judge Michael Boudin's seven-year tenure does not expire earlier than that in 2008, then the first Clinton appointee to become a chief judge of a U.S. Court of Appeals will be Tenth Circuit Judge Robert H. Henry. In the unlikely event that Chief Judge Boudin's term ends before Chief Judge Tacha's, then First Circuit Judge Sandra L. Lynch would be the first Clinton appointee to become a chief judge of a U.S. Court of Appeals. A reader based in New York City who asked not to be identified further was the first to email Judge Henry as the correct answer to this question. Update: The July 2001 issue of The Third Branch newsletter states that Boudin became the First Circuit's chief judge in June 2001. Accordingly, the correct answer to this question is Judge Henry of the Tenth Circuit.
Posted at 12:14 PM by Howard Bashman

U.S. Court of Appeals chief judge trivia contest: Later today, after Alex Kozinski becomes chief judge of the U.S. Court of Appeals for the Ninth Circuit, each of the thirteen U.S. Courts of Appeals will have a chief judge who was appointed to his or her current court by a Republican President. President Ronald Reagan is responsible for nine of those appointments, while President George H.W. Bush appointed the people who currently serve as chief judges of the First, Second, Fourth, and Eighth Circuits.

The qualifications for becoming the chief judge of a U.S. Court of Appeals, and for determining how long someone can continue to serve as chief judge, are set forth in 28 U.S.C. sec. 45. As noted in this recent Ninth Circuit press release, "The chief judge is the judge in regular active service who is senior in commission of those judges who are (1) 64 years of age or under; (2) have served for one year or more as a circuit judge; and (3) have not served previously as chief judge." And, if another judge then meets the qualifications to assume the post of chief judge, the person serving as chief judge must step down from that post after having served as chief judge for seven years or on reaching the age of 70, whichever comes first.

Here are some chief judge trivia questions:

1. Assuming that Alex Kozinski serves a full seven-year term as chief judge of the Ninth Circuit, which Ninth Circuit judge would become the Ninth Circuit's chief judge seven years from today?

2. The U.S. Courts of Appeals came into existence in 1891 pursuant to the Evarts Act. When was the most recent earlier time, if ever, that the chief judges of the U.S. Courts of Appeals had all been appointed by Presidents from the same political party? For extra credit, identify each of the times this has happened between 1891 and today (assuming that this has ever happened before).

3. Assume that, after Alex Kozinski becomes the Ninth Circuit's chief judge later today, each chief judge of the U.S. Courts of Appeals remains in his or her post until statutorily required to vacate the chief judgeship. Which of the U.S. Courts of Appeals would then be the first to have a chief judge who was appointed to that court by President William J. Clinton?

4. Using the same assumption provided for question 3, which of the U.S. Courts of Appeals would be the first to have a chief judge who was appointed to that court by President George W. Bush?

Answers to these trivia questions can be sent to me via email. Each person who is the first to respond correctly to any question will be identified by name here at "How Appealing" unless the person asks not to be so identified, in which case some other more generalized description will be used.

Update: Since this post was published, I have received answers to each of these questions from various readers. Scroll up to access the posts in which I've published those answers.
Posted at 11:07 AM by Howard Bashman

"The 9th Circuit's new No. 1: Judge Alex Kozinski may have to temper some of his eccentricities to lead the such a complex court." Law Professor Carl Tobias has this op-ed today in The Los Angeles Times.

"How Appealing" takes this pre-breakfast (at least on the west coast) opportunity to wish soon-to-be Chief Judge Alex Kozinski a fulfilling and successful tenure in that post. As someone once said, "Don't hate the player."
Posted at 09:30 AM by Howard Bashman

"Whose right to bear arms?" Columnist Paul Greenberg has this op-ed today in The Washington Times.
Posted at 09:28 AM by Howard Bashman

"Splenda maker getting legal vitriol from sugar firms; A court in L.A. will hear a false-advertising suit; Defendant says buyers know the sweetener is not truly natural": This article appears today in The Los Angeles Times.
Posted at 09:25 AM by Howard Bashman

"Panel Rebuffs White House Privilege Claim": The New York Times today contains an article that begins, "The Senate Judiciary Committee inched forward Thursday in its struggle with the White House over subpoenas demanding information from current and former Bush administration officials about the firing of several United States attorneys last year."

And The Washington Times reports today that "Leahy rejects claim of privilege."
Posted at 09:23 AM by Howard Bashman

"A Case of Trial Lawyers v. Trial Lawyers; Largest Association Sues Upstart, Asserting Ownership of Discarded Acronym": The Washington Post contains this article today.
Posted at 09:10 AM by Howard Bashman

"A Mixed Blessing for Aspiring Lawyers; High Tuition and Debt Lure Graduates Toward High Pay, Away from Public Service Jobs": This front page article appears today in The Washington Post.
Posted at 09:04 AM by Howard Bashman

"A Landscaper Is Mauled, and an Outpouring of Sympathy Goes to the Dog": The New York Times today contains an article that begins, "It's man versus beast in Princeton, and the town is in an uproar over a dog on death row. The curious case of Congo, an 85-pound German shepherd sentenced to die for attacking a Honduran landscaper, is making its way through New Jersey's courts."

The Trenton Times has provided extensive coverage of this matter in articles headlined "Dog's fate devastates family; Judge orders shepherd destroyed after vicious attack"; "A different view of dog attack; Animal control officer says shepherd was unprovoked"; "Canine's plight stirs up emotions; Rally planned for today as lawsuits, threats ensue"; "No reprieve for Congo; Local judge upholds his decision to have 'vicious' dog destroyed"; "Police: Congo not provoked; Report does not mention owner pulled to ground"; "Congo goes home; Dog released to his family pending appeal of death sentence"; "Congo to get his day in State House"; and "Canine violence bill introduced."
Posted at 09:00 AM by Howard Bashman

"Appeals Court Voids Agreement to Pay Freelancers for Work Published on the Web": This article appears today in The New York Times.

Reuters reports that "Court throws out freelance writers' settlement."

And Dow Jones Newswires report that "US Appeals Court Vacates Freelancers-Database Operators Pact."

My earlier coverage of yesterday's Second Circuit ruling and the accompanying recusal-related decision from two of the three judges on the panel appears at this link.
Posted at 08:47 AM by Howard Bashman

Available online from law.com: Tony Mauro reports that "Chief Justice Declines to Provide Health Update."

And Marcia Coyle has an article headlined "High Stakes for Regulated Industry in Supreme Court Pre-emption Cases."
Posted at 08:38 AM by Howard Bashman

"A New Push to Roll Back 'Don't Ask, Don't Tell'": The New York Times today contains an article that begins, "Marking the 14th anniversary of legislation that allowed gay men and lesbians to serve in the military but only if they kept their orientation secret, 28 retired generals and admirals plan to release a letter on Friday urging Congress to repeal the law."
Posted at 08:35 AM by Howard Bashman

"Court tells cops: Return medical marijuana if drug charges dropped." Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Police who confiscate medical marijuana must give it back when drug charges against the user are dismissed, a state appeals court has ruled in a case that could settle a hotly disputed issue of conflicting state and federal drug laws."

The New York Times reports today that "Court Orders Police to Return Marijuana."

Thursday's edition of The Orange County Register reported that "Court orders Garden Grove police to return pot; Ruling by state appeal judges is a win for medical marijuana patients, advocates say."

And The Recorder contains an article headlined "Court to City: Return Pot User's Stash."

Associate Justice William W. Bedsworth of California's Fourth District Court of Appeal wrote the decision on behalf of a unanimous three-judge panel.

Justice Bedsworth was the June 2004 interviewee in this blog's "20 questions for the appellate judge" feature. He also writes a column called "A Criminal Waste of Space" for the Orange County Lawyer magazine.
Posted at 08:30 AM by Howard Bashman

"How Scruggs Case Came Together: Judge Helped Probe After He Says Bribe Was Offered to Him." Ashby Jones and Peter Lattman have this article today in The Wall Street Journal.

That newspaper also contains an editorial entitled "The Trial Bar on Trial."

And in other coverage, The Los Angeles Times today contains an article headlined "Katrina lawyer at the eye of a storm; Richard Scruggs' clients wonder what his indictment may mean for the scores of pending cases against their insurance carriers."
Posted at 08:13 AM by Howard Bashman

"Van Hollen has ties to case; Business lobby spent millions on attorney general, Ziegler in elections": The Milwaukee Journal Sentinel today contains an article that begins, "Attorney General J.B. Van Hollen did not withdraw from a state Supreme Court case that was partially bankrolled by a group that spent $2.5 million to get him elected last year. The tax case has generated scrutiny because the same group, business lobbyist Wisconsin Manufacturers & Commerce, spent more than $2 million to elect Annette Ziegler to the Supreme Court in April. Ziegler has remained on the case."
Posted at 08:03 AM by Howard Bashman

Thursday, November 29, 2007

New state high court justices on the way in Minnesota and Washington: The Minneapolis Star Tribune reported yesterday that "For high court, Pawlenty picks a friend; New Justice Christopher Dietzen helped defend his longtime acquaintance in a 2002 campaign controversy."

And The Associated Press reports that "Gov. Gregoire looking for a Supreme Court justice."
Posted at 10:10 PM by Howard Bashman

"Court to weigh disability pay for psychological harm": The Courier-Post of Cherry Hill, New Jersey today contains an article that begins, "Racism, terror and abuse came before the state Supreme Court Wednesday in three compelling cases that are really about on-the-job calamity, though the court's decision will affect legions and could cost taxpayers a bundle."

And The Newark (N.J.) Star-Ledger on Monday previewed the oral argument in an article headlined "Disability benefits for mental ills asked; 3 law enforcement officers pursue suits."
Posted at 10:03 PM by Howard Bashman

"A fairer approach to teen sex sentencing; Judges need leeway in non-predator cases": This editorial appears today in The Atlanta Journal-Constitution.
Posted at 09:58 PM by Howard Bashman

"This case raises First Amendment questions about limiting the participation of non-voters at a New England town meeting." So begins an opinion that the U.S. Court of Appeals for the First Circuit issued today. According to the opinion, "The New England town meeting is a special form of government dating back to the colonial era and often considered an exemplar of pure democracy."

At stake in the decision is whether property owners who pay taxes on their land but who are registered to vote elsewhere are entitled to the same right to speak as voters who live in the town of Egremont, Massachusetts. The First Circuit answers "no." That court's opinion explains: "The [plaintiffs] are not registered to vote in Egremont and therefore are not town meeting legislators. The First Amendment does not give non-legislators the right to speak at meetings of deliberating legislative bodies, regardless of whether they own property or pay taxes."
Posted at 05:12 PM by Howard Bashman

"Capano's federal appeal assigned to judge in Philly": The News Journal of Wilmington, Delaware provides an update that begins, "Tom Capano's federal appeal of his murder conviction has been assigned to the chief judge of the federal court in Philadelphia. According to the federal docket in Wilmington, Chief District Judge Harvey Bartle III accepted assignment to the case by e-mail on Nov. 26. Bartle took the case at the request of U.S. Third Circuit Chief Judge Anthony J. Scirica after all three judges in the Delaware district recused themselves from hearing the matter."
Posted at 04:50 PM by Howard Bashman

"Paterno Earns More Than $500,000 a Year": According to this article from The Associated Press, "The State Employees' Retirement System released Paterno's salary Thursday, more than a week after the Pennsylvania Supreme Court ruled that his salary and other top Penn State officials are public information."

This blog's earlier coverage of that ruling appears at this link.
Posted at 04:47 PM by Howard Bashman

"Butler late to reveal tie to case; Attorney served on campaign panel, justice says, after reporters ask": The Milwaukee Journal Sentinel today contains an article that begins, "State Supreme Court Justice Louis Butler did not immediately disclose that an attorney appearing before the court sat on his campaign finance committee and contributed $500 to his election effort, despite his policy of making such matters public."

Yesterday's newspaper contained a related article headlined "Ziegler to hear tax case funded by election supporter; State hasn't asked justice to step aside."

In addition, today's newspaper contains an editorial entitled "Step aside in this case: State Supreme Court Justice Annette Ziegler should recuse herself from a tax case that involves a major contributor, but Justice Louis Butler needs to do some soul-searching, too."
Posted at 03:30 PM by Howard Bashman

"Georgia ruling on sex offenders prompts other states, including Missouri, to re-examine laws": This article appears today in The Kansas City Star.
Posted at 03:22 PM by Howard Bashman

Divided three-judge Ninth Circuit panel holds that the DNA Analysis Backlog Elimination Act of 2000 remains constitutional even after Congress expanded that law in 2004 to include as qualifying offenses all felonies: You can access today's ruling at this link.

Senior Circuit Judge Betty B. Fletcher dissented in an opinion that begins, "The majority holds, with an air of shrugging inevitability, that without a warrant, without probable cause, indeed without any suspicion whatsoever, the federal government may seize and repeatedly search the DNA of all federal felons on supervised release, regardless of their offense or their likelihood to re-offend. They sanction the inclusion of that DNA in a massive and permanent computer database, the sole purpose of which is to aid generalized criminal investigation. This offends not only the Fourth Amendment but our precedents. I respectfully dissent."
Posted at 02:20 PM by Howard Bashman

"The precise issue on appeal is whether the District Court had jurisdiction to certify a class consisting of claims arising from the infringement of unregistered copyrights and to approve a settlement with respect to those claims. We hold that it did not." So holds the majority on a divded three-judge panel of the U.S. Court of Appeals for the Second Circuit in a ruling issued today. The case in which the decision issued is captioned In re: Literary Works in Elec. Databases Copyright Litig.

Also today, two of the three judges on that panel joined in a separate opinion explaining why they chose not to recuse from deciding that case even though they very likely were members of the putative class whose claims were subject to the settlement in question. One of the two judges joined in the majority opinion dismissing the case for lack of federal subject-matter jurisdiction, while the other dissented from that outcome. Before deciding what to do, these two judges sought the views of the Committee on Codes of Conduct of the Judicial Conference of the United States, which apparently recommended that both judges recuse.
Posted at 10:55 AM by Howard Bashman

"U.S. Trial Lawyers, Back on Offense, Take On Railroads, China": Bloomberg News provides this report.
Posted at 09:40 AM by Howard Bashman

"Death is human cost of misreading 2nd Amendment": Columnist Xan White has this op-ed today in The Yale Daily News.
Posted at 09:17 AM by Howard Bashman

"U.S. judge orders Bush to release records of telecom firm contacts": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal judge in San Francisco ordered the Bush administration Wednesday to release records of any recent lobbying contacts with telecommunications companies by Dec. 10, in time for a congressional debate on the president's push to protect the firms from suits over electronic surveillance."

My most recent earlier coverage appears at this link.
Posted at 09:15 AM by Howard Bashman

"Whose castle? Surprise visits to the homes of welfare applicants in San Diego County are proper and justified." This editorial appears today in The Los Angeles Times.
Posted at 09:05 AM by Howard Bashman

"NY Man Fights for Anti-Osama Plates": The Associated Press provides a report that begins, "A retired police officer is seeking a court order to force the state Department of Motor Vehicles to drop its demand that he return vanity license plates calling for the capture or death of Osama bin Laden."

And The New York Post reported yesterday that "'GETOSAMA' plate man sues DMV."
Posted at 08:37 AM by Howard Bashman

"5th Circuit Council Pressed to Pursue Sex Harassment Complaint Against Federal Judge": Texas Lawyer provides a report that begins, "The woman who alleges that U.S. District Judge Samuel B. Kent of Galveston, Texas, sexually harassed her wants the 5th Circuit Judicial Council to take further action."
Posted at 08:33 AM by Howard Bashman

"Alleged Nazi Guard Appeals Deportation": The Associated Press provides a report that begins, "Three decades after the federal government began trying to deport a former autoworker accused of helping murder Jewish prisoners in Nazi death camps, his lawyer says his last fight may be at hand. The 6th U.S. Circuit Court of Appeals scheduled oral arguments for Thursday on John Demjanjuk's challenge of a final removal order by an immigration judge."
Posted at 08:30 AM by Howard Bashman

"Supreme Court Weighs Maine's Tobacco Law": Linda Greenhouse has this article today in The New York Times.

And David G. Savage of The Los Angeles Times reports that "Supreme Court weighs Internet sales regulation; The Bush administration opposes restrictions favored by states to prevent minors from buying cigarettes and other products on the Web."
Posted at 08:25 AM by Howard Bashman

Why is this page loading more slowly than usual this morning? If you are having to wait longer than usual for the blog posts on this page to appear on your computer monitor this morning, the law.com headline box in the upper right-hand corner of this page is to blame. It seems that the law.com site is having some problems today, and those problems are why it is taking this page significantly longer than usual to appear.

The good news, such as it is, is that those problems do not prevent me from updating this site at my usual rate, so new posts will continue to appear quite regularly for those willing to endure the extra time it is taking for this page to refresh.
Posted at 08:15 AM by Howard Bashman

"5th Circuit extends limits on student speech": Douglas Lee has this essay online at the First Amendment Center.

My earlier coverage of last week's Fifth Circuit ruling appears at this link.
Posted at 08:10 AM by Howard Bashman

Wednesday, November 28, 2007

"Massive apartheid case on way to the Court": Lyle Denniston has this post at "SCOTUSblog."

Last month, I had this post reporting on the Second Circuit's ruling in the case. As Lyle notes in his post, yesterday the same three-judge Second Circuit panel issued an order explaining why the majority had denied a stay of its ruling. Yesterday's order also includes a dissent from the denial of a stay.
Posted at 09:00 PM by Howard Bashman

In today's edition of The Atlanta Journal-Constitution: The newspaper contains articles headlined "Gory abortion banners stir passions" and "Prosecutor sides with sex offender."
Posted at 08:30 PM by Howard Bashman

"Maine's Tobacco-Delivery Law Faces Test": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 08:22 PM by Howard Bashman

"Government ordered to release documents in controversial death": Geoffrey Fattah of The Deseret Morning News has an update that begins, "On the same day that the federal government moved to block the release of a sensitive government report to a Salt Lake City attorney, the 10th Circuit Court of Appeals rejected the motion to stay and ordered the government to release the documents. Judges with the 10th Circuit were swift in their action, filing an order denying the government's motion to stay pending an appeal of the court's decision to the U.S. Supreme Court, within hours of receiving the motion."

And Pamela Manson and Robert Boczkiewicz of The Salt Lake Tribune have a news update headlined "DOJ bid to delay Trentadue probe disclosure going nowhere fast."

My earlier coverage of this case appears here and here.
Posted at 07:15 PM by Howard Bashman

"Judge: Feds Must Release Telecom Records." The Associated Press provides a report that begins, "An electronic privacy group challenging President Bush's domestic spying program scored a minor victory when a judge ordered the federal government to release information about lobbying efforts by telecommunications companies to protect them from prosecution."

In response to yesterday's order of the U.S. District Court for the Northern District of California, the organization Electronic Frontier Foundation issued a news release entitled "EFF Wins Fast-Track Release of Telecom Lobbying Records; Judge Cancels Friday Hearing, Orders Government to Comply by December 10."
Posted at 04:08 PM by Howard Bashman

Access online today's U.S. Supreme Court oral argument transcript in Rowe v. New Hampshire Motor Transp. Assn., No. 06-457: The Court has posted the transcript at this link.
Posted at 04:00 PM by Howard Bashman

"An Enigmatic Court? Examining the Roberts Court As It Begins Year Three." This event was held at the Pepperdine University School of Law on the afternoon of October 19, 2007. The very serious wildfires in Malibu, California soon thereafter caused that law school's web site to go off-line for a while.

That law school's web site has since come back online, and now it provides access to video of the event. All of the video segments can be accessed via this link.

For those who wish to access the video segments directly, you can do so using the following links (Windows Media Player is required to launch these video segments):

Part One: "Overview of the Roberts Court" (1 hour and 41 minutes) featuring USA Today Supreme Court correspondent Joan Biskupic; Law Professor Jeffrey Rosen; Law Professor Douglas Kmiec; Law Professor Vikram Amar; Law Professor Kathleen Sullivan; and Dean Kenneth Starr.

Part Two: "Roundtable on the work of the Roberts Court in its first two terms" (17 minutes).

Part Three: "Supreme Court reasoning on trial" (1 hour and 21 minutes) featuring Ninth Circuit Judges Stephen Reinhardt and Diarmuid F. O'Scannlain, in a mock trial of the reasoning of the Court's decision in Parents Involved v. Seattle School District Number 1.

Part Four: "Roundtable on the Roberts effort at consensus, competing methods of constitutional interpretation, judicial personalities, and a quick look at the current docket" (51 minutes).
Posted at 03:05 PM by Howard Bashman

How much in attorneys' fees should it cost to handle an appeal? Obviously, there's no one-size-fits-all answer to that question. But today, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit authorized the recovery of approximately $63,000 in attorneys' fees for defending on appeal a copyright and trademark infringement judgment relating to everyone's favorite farting plush doll, "Pull My Finger Fred." You can access today's ruling at this link.

Back on March 20, 2007, I had this post reporting on the Seventh Circuit's earlier merits-related ruling in this case. And the very next day, I had this post providing online access to the appellate briefs and oral argument audio.
Posted at 02:18 PM by Howard Bashman

"Bonds' perjury case goes to BALCO judge": This article appears today in The San Francisco Chronicle.

Today in The San Jose Mercury News, Howard Mintz reports that "Bonds case given to new judge; Illston in familiar territory: Handled BALCO prosecutions."

And The Associated Press reports that "Barry Bonds Perjury Case Is Transferred."
Posted at 01:55 PM by Howard Bashman

"US raid on factory criticized by court; Callous handling of workers cited": The Boston Globe today contains an article that begins, "Add a federal appeals court to those criticizing how the government handled the March arrest of 361 immigrant workers at a New Bedford leather-goods factory."

And The Providence (R.I.) Journal reports today that "Dismissal of raid lawsuit upheld."

You can access yesterday's ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 01:45 PM by Howard Bashman

"Motormouth: Geoffrey Fieger's fiery tongue has earned him millions; Now it could cost the Detroit Lawyer his career." Terry Carter has this article in the December 2007 issue of ABA Journal magazine.
Posted at 01:38 PM by Howard Bashman

"The ABA Journal Blawg 100": ABA Journal magazine has issued its "Blawg 100" list. The complete list can be accessed here.

Via this link, you can vote for your favorite blawgs in various categories. Votes for "How Appealing" may be cast in the "Generally Speaking" category.

And a feature titled "ForeBlawggers: Seven lawyers who started the blawg revolution" includes photos of the bloggers. On a related note, Denise Howell's "Bag and Baggage" blog is today celebrating its sixth birthday. Happy blawgiversary, Denise!
Posted at 01:24 PM by Howard Bashman

"Court Skeptical of Maine Tobacco Law": Pete Yost of The Associated Press provides this report.

And Dow Jones Newswires report that "Maine Tobacco Shipping Law Gets Little Sympathy At High Court."
Posted at 01:17 PM by Howard Bashman

"Cover-up case is appealed": Today in The Deseret Morning News, Geoffrey Fattah has an article that begins, "A Salt Lake City attorney will not be getting access to a sensitive government report regarding the mysterious death of his brother in a federal facility anytime soon. A week after the 10th Circuit Court of Appeals rejected the U.S. government's request to reconsider its decision allowing attorney Jesse Trentadue access to the conclusions of an investigation into accusations of a cover-up, attorneys for the President's Council on Integrity and Efficiency filed on Tuesday a motion to stay the court's order, pending an appeal to the U.S. Supreme Court."

My earlier coverage of this case appears here and here.
Posted at 10:04 AM by Howard Bashman

"Attorney Yagman sentenced to 3 years for tax evasion, fraud; Convicted of fraud and tax evasion, the lawyer known for taking on the LAPD says government wants to destroy him": This article appears today in The Los Angeles Times.

And The Associated Press reports that "High-Profile Lawyer Sentenced for Taxes."
Posted at 09:48 AM by Howard Bashman

"Former N.C. Chief Justice Takes Up Prisoner's Case; Retired Jurist May Argue Before Former Colleagues on Behalf of Man Convicted With Faulty Science": The Washington Post today contains an article that begins, "A North Carolina man who was convicted of murder two decades ago with the help of now-discredited FBI scientific testimony took his quest for a new trial to the state's Supreme Court yesterday -- and enlisted the court's former chief justice to argue on his behalf."

The News & Observer of Raleigh, North Carolina reports today that "New trial request hinges on confession; Bullet analysis also called invalid."

And The Fayetteville Observer reports that "Lawyers make push for Hunt's innocence."
Posted at 09:33 AM by Howard Bashman

Removal ordered for judge to whom unclaimed cell phone = trip to prison cell: The New York Times reports today that "Panel Rebukes Judge, Citing 'Lunacy' in Court."

The Niagara Gazette reports today that "Restaino ordered removed; Commission cites abuse of judicial power in March 2005 incident."

The Buffalo News reports that "Restaino ordered removed as Niagara Falls judge; Commission says he abused power."

And The New York Law Journal reports that "Judge's Removal Recommended for Prolonged Tirade Over Courtroom Cell Phone."

You can access the decision of the New York State Commission on Judicial Conduct at this link.
Posted at 09:15 AM by Howard Bashman

"Supreme Court Is Referee in Delaware River Fight": Linda Greenhouse has this article today in The New York Times.

The Philadelphia Inquirer reports today that "Supreme Court hears riverfront arguments; Advocates for N.J. and Del. addressed issues over a planned LNG facility."

The News Journal of Wilmington, Delaware reports that "Del., N.J. go to Supreme Court; Justices quiz lawyers over long-running boundary dispute."

The Newhouse News Service reports that "Court skeptical on LNG case."

And law.com's Tony Mauro reports that "States Spar Over River Rights at High Court."
Posted at 08:57 AM by Howard Bashman

"A Loss for Privacy Rights": The New York Times today contains an editorial that begins, "The Constitution protects individuals against unreasonable searches, but for this protection to have practical meaning, the courts must enforce it. This week, the Supreme Court let stand a disturbing ruling out of California that allows law enforcement to barge into people's homes without a warrant. The case has not prompted much outrage, perhaps because the people whose privacy is being invaded are welfare recipients, but it is a serious setback for the privacy rights of all Americans."
Posted at 08:45 AM by Howard Bashman

"Court to release same-day recordings of detainee cases": Joan Biskupic has this article today in USA Today.
Posted at 08:37 AM by Howard Bashman

"Al-Arian Lawyers Brace for New Contempt Charge": Josh Gerstein has this article today in The New York Sun.
Posted at 08:35 AM by Howard Bashman

"Right judge for sex case investigation?" Today in The Houston Chronicle, columnist Rick Casey has an op-ed that begins, "Chief Judge Edith Jones of the 5th U.S. Circuit Court of Appeals has held a key position in the controversial disciplining of U.S. District Judge Samuel Kent."

And today's edition of The Galveston County Daily News reproduces a letter (fifth item) to the ranking Republican on the U.S. House Judiciary Committee from W. Chris Peden, a Republican candidate for U.S. Congress from Friendswood, Texas. The letter begins, "I am writing to ask you to support an impeachment inquiry into the conduct of Galveston’s former District Judge, Samuel B. Kent."
Posted at 08:20 AM by Howard Bashman

"A Choose Life plate for Illinois?" Columnist Phil Kadner has this op-ed today in The Southtown Star.

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit heard oral argument in the case yesterday, and you can download the oral argument audio via this link (10.1MB mp3 file). The three-judge panel consisted of Circuit Judges Daniel A. Manion, Terence T, Evans, and Diane S. Sykes. During the oral argument, Judge Evans mentions his own sports-related specialty license plate.

In advance of the oral argument, the Thomas More Society issued a press release headlined "'Choose Life' Specialty License Plates Go Before U.S. Court of Appeals Today; Three-Judge Panel to Hear Illinois Secretary of State Jesse White's Appeal of Lower Court Order to Begin Producing 'Choose Life' Plates." That organization has also posted online the parties' appellate briefs, and you can access them via this link.

In January 2007, I had this post reporting on the federal district court's ruling in this case.
Posted at 08:10 AM by Howard Bashman

"A test of Maine regulations on Internet tobacco sales to minors; The US Supreme Court on Wednesday weighs whether the state law impedes interstate shipping": Warren Richey has this article today in The Christian Science Monitor.

Pete Yost of The Associated Press reports that "Court Considers Internet Tobacco Sales."

And Stateline.org reports that "Tobacco case could limit state powers."
Posted at 07:58 AM by Howard Bashman

"Divorce, Religion, and Circumcision: What A Conflict Tells Us About Parental Rights." Sherry F. Colb has this essay online today at FindLaw.
Posted at 07:50 AM by Howard Bashman

Tuesday, November 27, 2007

"Court Criticizes Mass. Immigration Raid": This article from The Associated Press reports on a ruling that the U.S. Court of Appeals for the First Circuit issued today.
Posted at 10:42 PM by Howard Bashman

"No right to remain silent: Supreme Court gives cops the power to ignore your right to keep your mouth shut." Law Professor Alan Young has this article in the current issue of NOW Magazine of Toronto.

You can access the recent ruling in question of the Supreme Court of Canada by clicking here.
Posted at 10:37 PM by Howard Bashman

"Justice Department might fight Trentadue all the way to Supreme Court": Today in The Salt Lake Tribune, Pamela Manson has an article that begins, "The U.S. Department of Justice wants an appeals court to delay an order requiring it to disclose the details of an investigation into the death of a federal prison inmate. Government lawyers said they need time to decide whether to ask the U.S. Supreme Court to overturn the order."

And today in The Deseret Morning News, Geoffrey Fattah reports that "Feds lose round in cover-up case; Court backs Utahn in quest for records on brother's death."

My earlier coverage of the Tenth Circuit's ruling appears at this link.
Posted at 10:30 PM by Howard Bashman

"Filipino justice touts growth: High court chief speaks in law conference": Wednesday's edition of The Pacific Daily News of Guam contains an article that begins, "The Pacific Judicial Council's Judicial Conference and Legal Institute continued yesterday with a keynote address from Supreme Court of the Philippines Chief Justice Renato Puno."
Posted at 10:20 PM by Howard Bashman

"Protocol For Oral Argument Hearing in United States v. Nacchio on December 18, 2007": The U.S. Court of Appeals for the Tenth Circuit issued this order today. The prosecution and the defense are each allowed one Nacchio cheese joke per side during the oral argument.
Posted at 09:12 PM by Howard Bashman

Making a mockery out of the use of John Doe: A reader based in New York City emails:

Here's one to appeal to your intrepid reporter streak.
A Ninth Circuit opinion posted today is captioned John Doe v. Jeanne S. Woodford, et al., No. 06-16154. It is, however, the substituted opinion for an earlier decision, Craig Clifford Busch v. Jeanne S. Woodford, et al., also bearing No. 06-16154, originally filed Aug. 29, 2007, and withdrawn on November 13, 2007, after crossing petitions for rehearing. If you check PACER, the docket still openly states Busch's identity; indeed, the lower court posted its opinion on Westlaw, with Busch's name, at 2005 WL 1926618. The revised opinion omits a citation to the Westlaw publication of the lower court opinion that was set forth in one of the original opinion's footnotes.
This is all very odd, since anonymous pleading is normally reserved for cases where a party's identity is not otherwise in the public domain associated with the case (not only missing here with the docket issues, but I'm confident a search of news databases would turn up Busch's identity if you punch in the name of his murder victim, which is revealed in the opinion). Why did the Ninth Circuit decide belatedly to mask Busch's identity?

If any of this blog's readers wish to weigh in on this matter, feel free to contact me via email.
Posted at 08:28 PM by Howard Bashman

"Judge ordered removed from bench over cell phone flap": The Buffalo News provides an update that begins, "A state panel has ordered City Judge Robert M. Restaino removed from the bench for jailing 46 defendants after a cell phone rang in his courtroom and no one would admit to owning it. The Commission on Judicial Conduct, in a ruling released today, voted 9-1 to take Restaino off the job."

The Associated Press reports that "Judge Removed Over Cell Phone Jailing."

And the "City Room" blog of The New York Times has a post titled "A Judge's 'Inexplicable Madness' Over a Cellphone."

You can access the decision of the New York State Commission on Judicial Conduct at this link.
Posted at 07:08 PM by Howard Bashman

Eleventh Circuit grants rehearing en banc in case where a divided three-judge panel of that court had ordered a trial on a Section 2 vote dilution claim from Glades County, Florida: You can access today's order granting rehearing en banc at this link.

My post from July 2007 reporting on the three-judge panel's now vacated decision can be accessed here.
Posted at 05:58 PM by Howard Bashman

The U.S. Court of Appeals for the Ninth Circuit attempts to prepare itself for Chief Judge Alex Kozinski: The Ninth Circuit's Public Information Office has issued a news release entitled "Gavel Passing to Mark Changing of the Guard for Ninth Circuit Court of Appeals."

At least Judge Kozinski was able to sneak some humor into the news release: "The chief judge of the circuit assumes the position based on seniority. The chief judge is the judge in regular active service who is senior in commission of those judges who are (1) 64 years of age or under; (2) have served for one year or more as a circuit judge; and (3) have not served previously as chief judge. Judge Kozinski also believes that looks count, though he can provide no support for that proposition."
Posted at 05:50 PM by Howard Bashman

Access online today's U.S. Supreme Court oral argument transcript in New Jersey v. Delaware, No. 134 Orig. The Court has posted the transcript at this link.
Posted at 04:43 PM by Howard Bashman

"Pa. high court cancels final round of 2007 hearings": The Associated Press provides this report. The reason given for the cancellation is that only four of the court's seven Justices would have been available to participate in deciding those cases on the merits.

And The Philadelphia Bulletin today published this interesting interview with the Supreme Court of Pennsylvania's next Chief Justice.
Posted at 04:02 PM by Howard Bashman

"NY Court of Appeals Allows Defendants to Privately Question Plaintiff's Doctors": Eric Turkewitz has this post at the "New York Personal Injury Law Blog."

You can access today's ruling of the New York State Court of Appeals -- that State's highest court -- at this link.
Posted at 02:40 PM by Howard Bashman

Access online the transcript of today's U.S. Supreme Court oral argument in Knight v. Commissioner, No. 06-1286: The Court has posted the transcript at this link.
Posted at 02:32 PM by Howard Bashman

"High court hears arguments in N.J.-Del. feud over LNG terminal": The Philadelphia Inquirer provides this news update.

The News Journal of Wilmington, Delaware provides a news update headlined "Supreme Court hears Del.-N.J. border dispute."

And Mark Sherman of The Associated Press reports that "Delaware River Dispute at Supreme Court."
Posted at 02:25 PM by Howard Bashman

May a municipality exclude religious assemblies or institutions from a particular zone, where some secular assemblies or institutions are allowed, without violating the Free Exercise Clause of the First Amendment or RLUIPA's Equal Terms Provision? A partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit today issued a 96-page ruling addressing that question.
Posted at 02:18 PM by Howard Bashman

"Court: Contractor owes $5 million to U.S. soldier's family." CNN.com provides a report that begins, "A federal court has ordered a Kuwait-based contractor to pay nearly $5 million in damages to the family of a U.S. military officer killed in Iraq -- a rare court decision holding a contracting company accountable for its actions in the war."

You can access this month's ruling of the U.S. District Court for the Northern District of Georgia at this link.
Posted at 01:30 PM by Howard Bashman

"Woman Sues Ex-Fiance's Parents for Reportedly Hiding Their Son's HIV; Though a Jury Awarded Woman Millions, Appellate Court Tossed Verdict": ABCNews.com provides this report on a case now pending before the Supreme Court of Illinois.
Posted at 12:10 PM by Howard Bashman

The Supreme Court of Nevada is so overworked that it has begun to emit smoke: The Associated Press reported yesterday that "Smoke shuts down Nevada high court."

That court's own news release can be accessed here.

Separately, Nevada's high court is lobbying for the creation of an intermediate appellate court for that State, as evidenced by the recommendations found in this 55-page report.
Posted at 12:08 PM by Howard Bashman

"'Aux Armes, Citoyens!:' Time for Law Schools to Lead the Movement for Free and Open Access to the Law." Law Professor Ian Gallacher has posted this article (abstract with link for download) online at SSRN. Pages 25-26 of the article discuss the Second Circuit's efforts last month to restrict access to the original version of that Court's ruling in the Higazy v. Templeton case.

Professor Gallacher writes:

The incident is disturbing not just because the Higazy case shows how the federal government was able to coerce a false confession from an innocent person, but because it shows that federal courts believe that not only can they release and then retrieve and edit opinions, they believe they have the power to make others restrict access to the information as well, even though it was obtained from the court's own website. This is not the behavior of a governmental body that is taking responsibility for providing accurate, free, and open access to its opinions.

The article recommends that "law schools band together in a consortium in order to publish and freely disseminate American common law on the internet."
Posted at 11:40 AM by Howard Bashman

"Court to Release Audio in Guantanmo Case": The Associated Press provides this report.

The press release that the U.S. Supreme Court issued yesterday can be accessed here.
Posted at 11:25 AM by Howard Bashman

Major League Baseball's hope to obtain rehearing from Eighth Circuit in fantasy baseball dispute is reduced to fantasy: The Associated Press reports that "Federal appeals court denies rehearing in fantasy baseball suit."

And St. Louis Business Journal reports that "Court denies petitions from MLBAM, MLBPA in fantasy suit."

My earlier coverage of the Eighth Circuit's three-judge panel ruling appears at this link.
Posted at 09:44 AM by Howard Bashman

"Justices uphold welfare home searches; The ACLU had challenged a San Diego County policy, saying its warrantless inspections violated privacy rights; The Supreme Court refuses to hear it": David G. Savage has this article today in The Los Angeles Times.

The San Diego Union-Tribune reports today that "Court clears welfare home inspections."

And The North County Times reports that "County's welfare inspections upheld by Supreme Court; Local officials say decision vindicates house calls."
Posted at 09:37 AM by Howard Bashman

"Viability of sex-offender law in doubt; The lifetime GPS monitoring ordered by Prop. 83 may be too costly and complex to ever fully implement": The Los Angeles Times today contains an article that begins, "Law enforcement leaders who pushed for a ballot initiative requiring sex offenders in California to be tracked by satellite for life are now saying that the sweeping surveillance program voters endorsed is not feasible and is unlikely to be fully implemented for years, if ever."
Posted at 09:34 AM by Howard Bashman

"Would-be bodysurfer sues to establish a beachhead at Stinson": This front page article, about public access to beaches, appears today in The San Francisco Chronicle.
Posted at 09:28 AM by Howard Bashman

"Sniper Judge Is Named to Appeals Court": The Washington Post today contains an article that begins, "The judge who oversaw the first trial of Washington area sniper John Allen Muhammad was named yesterday to the Virginia Court of Appeals, and officials said his handling of the case played a key role in the appointment."
Posted at 09:25 AM by Howard Bashman

"End the Use of Signing Statements: The loophole allowing the president to selectively ignore laws must be closed." The Harvard Crimson contains this editorial today.
Posted at 09:14 AM by Howard Bashman

"Harris County's fight over Bible display may be over; Supreme Court spurns the case, but monument could still find a home": This article appears today in The Houston Chronicle.

And the organization Americans United for Separation of Church and State yesterday issued a news release entitled "High Court Refuses To Re-open Religious Symbol Case."

The September 5, 2006 installment of my "On Appeal" column for law.com -- headlined "Monument at Houston Courthouse Tests the Limits of Ten Commandments Rulings" -- discussed the Fifth Circuit's original three-judge panel ruling in the case. In April 2007, after having granted rehearing en banc in the case, the full Fifth Circuit dismissed the case as moot.
Posted at 08:55 AM by Howard Bashman

"Justices Consider a Loss in a 401(k) Plan": Linda Greenhouse has this article today in The New York Times.

And David G. Savage of The Los Angeles Times reports today that "High court hears case of lost 401(k) funds; James LaRue says his employer's plan administrator ignored his requests, costing him $150,000; The justices appear divided, and a decision is months away."
Posted at 08:50 AM by Howard Bashman

"Another hearing for Kent's accuser": The Galveston County Daily News today contains an article that begins, "A woman who has accused U.S. District Judge Samuel Kent of unwanted sexual touching will have her case reheard by a disciplinary panel of the 5th Judicial Circuit, her attorney, Rusty Hardin, said late Monday. Late that afternoon, Hardin gave the panel summaries of interviews his team did of 20 people who have had contact with Kent. Hardin claims those interviews show that Kent has misbehaved toward women since shortly after he was named to the federal bench in Galveston in the early 1990s. Hardin said he and his client are asking that the panel refer the matter to the Judicial Council of the United States with a recommendation that Kent be impeached."

The Houston Chronicle reports today that "Kent may face worse hurdles in sex misconduct case; Accuser requests it be reheard by a higher authority."

And The Associated Press reports that "Woman seeks more punishment for judge accused of sex misconduct."
Posted at 08:37 AM by Howard Bashman

"New Jersey, Delaware dispute their border -- again; The Supreme Court case, set to be heard Tuesday, involves an energy plant whose pier would cross the line": Warren Richey has this article today in The Christian Science Monitor.

The News Journal of Wilmington, Delaware yesterday contained an article headlined "Supreme Court to hear more on LNG dispute; Tuesday's arguments are third round."

The Courier-Post of Cherry Hill, New Jersey reports today that "High court will hear N.J. border dispute."

Kate Coscarelli of The Newark (N.J.) Star-Ledger reports that "NJ, Delaware to square off in court."

And the Newhouse News Service reports that "Del. holds N.J. cards in LNG game."
Posted at 08:22 AM by Howard Bashman

"Court to decide detainees' rights; Justices try to balance protection of nation, protection of individual": Today in USA Today, Joan Biskupic has an article that begins, "Supreme Court justices will hear a dispute next week over the rights of Guantanamo detainees that presents a fundamental question of prisoners' ability to be heard in court. The case arises as the justices increasingly exert their authority in terror-related clashes."
Posted at 08:11 AM by Howard Bashman

Available online from law.com: An article reports that "9th Circuit Reverses Rare Verdict in Securities Class Action." You can access yesterday's Ninth Circuit ruling at this link.

And in news from Georgia, "Judge, DA Agree to Deal in Teen Sex Case; Man whose case resembled Genarlow Wilson's allowed out after four years in prison; state high court had upheld 10-year sentence."
Posted at 08:04 AM by Howard Bashman

"Sex offender law in doubt; Residency restrictions may be invalid, but sheriffs want clarification": Bill Rankin has this article today in The Atlanta Journal-Constitution.

The newspaper also contains an editorial entitled "Common sense lives: State Supreme Court decision opens the door to more rational sex offender residency rules."
Posted at 08:00 AM by Howard Bashman

In commentary available online at FindLaw: Joanna Grossman has an essay entitled "Why the U.S. Court of Appeals for the Sixth Circuit Rejected a Man's Claim for Relief from Involuntary Fatherhood." My earlier coverage of the Sixth Circuit's ruling appears at this link.

And Aviva Abramovsky has an essay entitled "Why a California Court of Appeal Held that Scott Peterson Won't Be Collecting on the Insurance Policy For His Wife and Murder Victim, Laci." My earlier coverage of that ruling appears at this link.
Posted at 07:52 AM by Howard Bashman

Monday, November 26, 2007

In the December 6, 2007 issue of The New York Review of Books: Law Professor David Cole has a review titled "The Man Behind the Torture" of Law Professor Jack L. Goldsmith's book, "The Terror Presidency: Law and Judgment Inside the Bush Administration."

In addition, the publication also contains a very interesting item headlined "'The Supreme Court Phalanx': An Exchange," consisting of two letters to the editor responding to Ronald Dworkin's essay "The Supreme Court Phalanx" and Dworkin's response to those letters.
Posted at 06:02 PM by Howard Bashman

The U.S. Supreme Court has authorized the release of same-day oral argument audio in the Guantanamo detainee cases to be argued December 5, 2007: Tony Mauro has this post at "The BLT: The Blog of Legal Times." The oral argument will feature a former Solicitor General against the current Solicitor General.
Posted at 05:55 PM by Howard Bashman

You can now access online the contents of Cato Supreme Court Review, 2006–2007: Via this link (via "Instapundit").
Posted at 05:50 PM by Howard Bashman

"Race-Baiting on the Ballot: Immigration isn't the only explosive racial issue facing voters in the coming election year -- the anti-affirmative action movement is pushing 2008 ballot initiatives across the country; Is economic populism the antidote?" Dana Goldstein has this essay online today at The American Prospect.
Posted at 04:52 PM by Howard Bashman

"200 Reasons Why the Election Matters: The future of the federal judiciary is at stake on November 4, 2008." Terry Eastland has this essay in the December 3, 2007 issue of The Weekly Standard.
Posted at 04:40 PM by Howard Bashman

"The Most Mysterious Right": In the current issue of The New Republic, Law Professor Cass R. Sunstein has this review of Law Professor Mark V. Tushnet's new book, "Out of Range: Why the Constitution Can't End the Battle over Guns."
Posted at 04:35 PM by Howard Bashman

Legal Blawgs Web Archive Collection

Legal Blawgs Web Archive Collection