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Archived: 03/06/2008 at 22:52:54
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Thursday, March 06, 2008 Merely using a name that belongs to someone other than yourself may not suffice to establish the federal criminal offense of aggravated identity theft: The U.S. Court of Appeals for the Fourth Circuit issued this ruling today. Posted at 04:14 PM by Howard Bashman "California Ruling Against Home-Schoolers Causes Stir": Mark Walsh has this post today at "The School Law Blog" of Education Week. Posted at 02:17 PM by Howard Bashman "Cameras In The Courtroom Bill Approved By Senate Panel": At his "Washington Briefs" blog, Lawrence Hurley of The Daily Journal of California has a post today that begins, "The Senate Judiciary Committee today passed out a bill that would allow TV coverage of all federal courts." Posted at 02:15 PM by Howard Bashman "DIA keeps Wi-Fi on the mild side": Yesterday's edition of The Denver Post contained an article that begins, "Want to browse Vanity Fair magazine on the Denver airport's free Wi-Fi system? Sorry. You'll have to buy it at the newsstand, because DIA's Internet filter blocks Vanity Fair as 'provocative.' You can't get to the popular gossip column perezhilton.com on DIA's Wi-Fi signal, either. Or the hipster-geek favorite boingboing.net. Or the Sports Illustrated swimsuit photos, even though the magazine's bare-breasted cover shot is on prominent display at airport stores, right next to Penthouse and Hustler." (Via "Obscure Store.") Posted at 12:22 PM by Howard Bashman "Key Figure in Wiretapping Suit Goes Public": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Posted at 12:15 PM by Howard Bashman The U.S. Court of Appeals for the Seventh Circuit now has a web page for those who like to access the internet using mobile devices: Why use your BlackBerry or similar devices to read blogs that summarize noteworthy Seventh Circuit rulings when you can now access those rulings directly over your mobile device? The Seventh Circuit's new page for mobile access can be found at: http://www.ca7.uscourts.gov/mobile.htm. U.S. Court of Appeals for the Eighth Circuit issues ruling in case captioned Robert Steinbuch v. Jessica Cutler: Blog law and personal jurisdiction aficionados once again have cause to rejoice. The three-judge panel's unanimous opinion issued today begins, "Robert Steinbuch brought this action against Jessica Cutler and several corporate entities for invasion of privacy and intentional infliction of emotional distress arising from the publication by Hyperion Books of Cutler's sexually explicit novel and the potential development of a future television series based on it." The ruling reverses the dismissal of Steinbuch's claim against Hyperion Books and remands for additional discovery relating to the propriety of exercising personal jurisdiction over that defendant. "Friends, Montco file Barnes' briefs; oral arguments next": Yesterday, The Main Line Times of Montgomery County, Pennsylvania posted online an article that begins, "Meeting a deadline Feb. 29, the Friends of the Barnes Foundation and Montgomery County each filed briefs asking Orphan's Court Judge Stanley Ott to set aside objections raised by the world-renowned art gallery and the Pennsylvania Attorney General's Office and reopen the case of its proposed move from Merion to Philadelphia. Oral arguments in the matter are scheduled to begin in Norristown March 24." Posted at 09:23 AM by Howard Bashman "Ex-senator's legal tactics spurned": Today's edition of The Washington Times contains an article that begins, "Retired Sen. Mark Dayton has been trying to shield himself from a lawsuit by a former congressional aide by using a legal defense so unusual that it has alienated his former colleagues and been scorned by the courts." Posted at 09:08 AM by Howard Bashman "Gun debate draws nation": The Washington Times today contains an article that begins, "The District's interim attorney general yesterday said the city's Supreme Court fight to maintain its 30-year-old ban on handguns has prompted hundreds of organizations and individuals to throw in their two cents." Posted at 09:05 AM by Howard Bashman "A new tack for gay rights; Lawmakers weigh granting couples limited benefits": This article appears today in The Baltimore Sun. Today in The Washington Post, Metro columnist Marc Fisher has an essay entitled "Md. Senator at a Loss for Words Over Same-Sex Marriage Bill." And The Los Angeles Times contains an article headlined "Same-sex union -- it's personal: As the high court considers the legality, couples who wed in the Bay Area savor the joy of the institution." "Another alleged bin Laden driver charged": Today in The Miami Herald, Carol Rosenberg has an article that begins, "A Pentagon official on Wednesday formally approved charges against another Guantanamo captive who allegedly worked as a driver and bodyguard for Osama bin Laden -- this time a Sudanese man." And today in The Los Angeles Times, Carol J. Williams reports that "Another Guantanamo prisoner charged with war crimes; An alleged former aide to Osama bin Laden is the 13th detainee at the U.S. military prison to be indicted." "Abortion foes peddle ideology": This editorial appears today in The St. Petersburg Times. Posted at 08:54 AM by Howard Bashman "Swiss bank drops suit against Wikileaks site": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A Swiss bank dropped its lawsuit Wednesday against the whistle-blowers Web site Wikileaks after stirring up a free-speech furor over a judge's order, now rescinded, to shut down the site for allowing the posting of private bank documents. Julius Baer & Co. filed a brief notice of dismissal in U.S. District Court in San Francisco, saying it reserves the right to pursue its case at a later date in the same court or elsewhere." The organization Electronic Frontier Foundation has posted the dismissal notice at this link. "Senators seek to cancel easing of cross-ownership; Tribune Co. and other companies with newspapers and broadcast stations in the same city are expected to fight legislation that seeks to invalidate a recent FCC ruling": Jim Puzzanghera has this article today in The Los Angeles Times. Posted at 08:44 AM by Howard Bashman "FBI Chief Confirms Misuse of Subpoenas; Security Letters Used to Get Personal Data": Dan Eggen has this article today in The Washington Post. The Los Angeles Times reports today that "FBI says warrantless wiretapping lasted until 2006; Director Robert S. Mueller says reforms intended to curb the use of national security letters to gather data have started working." And The New York Times reports that "F.B.I. Says Records Demands Are Curbed." "Secure Lawsuits: A Senate bill would allow civil liberties challenges to secret government operations." This editorial appears today in The Washington Post. Posted at 08:35 AM by Howard Bashman "Death penalty costs Md. more than life term": Today's edition of The Baltimore Sun contains an article that begins, "The death penalty has cost Maryland taxpayers at least $186 million more in prosecuting and defending capital murder cases over two decades than would have been spent without the threat of execution, according to a study to be released today." And The Richmond Times-Dispatch reports today that "Governor vetoes gun measures; Bills aimed to increase types of crimes eligible for the death penalty." "For High School Students, Some Justice; Supreme Court's Roberts Pays a Visit to Walt Whitman": Robert Barnes has this article today in The Washington Post. The newspaper reprints some of the questions and answers in this sidebar. Posted at 08:27 AM by Howard Bashman "AutoAdmit defendant sues Yalies; Former director of legal chatroom seeks damages from Law School students for libel, abuse of process": The Yale Daily News contains this article today. Posted at 08:20 AM by Howard Bashman "Ector County trustees settle Bible lawsuit; Committee will be formed to create new curriculum": This article appears today in The Midland (Tex.) Reporter-Telegram. The New York Times reports today that "District to Settle Bible Suit." And yesterday, the ACLU issued a news release headlined "Texas School Board Agrees To Stop Teaching Unconstitutional Bible Class In Public Schools." "In Trial, Alaska Says Lilly Concealed Risks of a Schizophrenia Drug": The New York Times contains this article today. The Associated Press provides a report headlined "State: No Alerts on Zyprexa Side Effects." Meanwhile, in local coverage, The Anchorage Daily News reports today that "State claims drug maker hid data; Zyprexa risks weren't disclosed by Eli Lilly, lawyer says." And yesterday's newspaper contained an article headlined "Millions of dollars at stake in Zyprexa trial; State is suing Eli Lilly for not publicizing risks of mental health drug." "Gay Marriage Gains Notice in State Court": This article appears today in The New York Times. And The New York Sun reports today that "Same-Sex Couples Could Gain Domestic Violence Protections." "More judges, prosecutors at risk; 69% increase in threats since 2003": Today's edition of USA Today contains an article that begins, "Threats against federal judges and prosecutors are on pace to rise for the fifth consecutive year, according to statistics from the U.S. Marshals Service." Posted at 07:38 AM by Howard Bashman Wednesday, March 05, 2008 "Former trooper fired for KKK ties to argue for job back": The Omaha World-Herald today contains an article that begins, "Nebraska's public policy against racism should bar reinstating a state trooper who joined a group affiliated with the Ku Klux Klan, a state attorney told the Nebraska Supreme Court on Tuesday. Private citizens are free to think what they want and free to join racist groups, Assistant Attorney General Thomas Stine told the court. But the state has the right to set terms of employment for state troopers." And The Associated Press provides this report on yesterday's oral argument. Yesterday, the Office of the Attorney General of Nebraska issued a news release headlined "Attorney General's Office Presents Oral Arguments in Former Trooper Tied to KKK Case." "District of Columbia Makes Last Pitch Before Supreme Court Appearance in Gun Ban Case": The Associated Press provides this report. Posted at 09:18 PM by Howard Bashman "State court to revisit definition of school threat; Student convicted in 2005 claims his actions were not terrorism; prosecutor says planning attack also counts": The Detroit News today contains an article that begins, "The Michigan Supreme Court today is expected to review whether Andrew Osantowski committed an act of terrorism when he threatened a Columbine-style massacre at his high school." And The Associated Press reports that "Michigan Supreme Court weighs if terrorism includes threats." "Scalia brings wit, originalist views to Missouri": This article appears today in The Columbia (Mo.) Daily Tribune. The Kansas City Star reports today that "Scalia criticizes 'living Constitution.'" And The Muleskinner of The University of Central Missouri reports that "Justice Scalia says Constitution isn't a 'living' document; must be interpreted as framers intended." "Big Business's Big Term: Victories for the Chamber of Commerce at the Supreme Court." Doug Kendall has this jurisprudence essay online at Slate. Posted at 08:05 PM by Howard Bashman The Associated Press is reporting: An article headlined "Court Skeptical of Passenger Rights Law" begins, "A federal appeals panel seemed impatient Wednesday with arguments supporting the first law in the nation requiring airlines to provide food, water, clean toilets and fresh air to passengers trapped in a plane delayed on the ground." The case was argued today before the U.S. Court of Appeals for the Second Circuit. And in other news, "Judge Wants to Resolve Indian Lands Case." "The Failure of Bowles v. Russell": Law Professor Scott Dodson has posted this article (abstract with links for download) at SSRN (via "Legal Theory Blog"). Posted at 02:14 PM by Howard Bashman "GOP planning for new battle on nominees": The Hill today contains an article that begins, "Senate Republicans plan to take a more confrontational approach with Democrats on judicial nominees, hoping parliamentary tactics and the bully pulpit of their presidential nominee will break a logjam over the politically volatile issue." And Politico.com has an article headlined "Nominations staredown in the Senate." The District of Columbia has today filed its reply brief in the Second Amendment case now pending before the U.S. Supreme Court: Via "SCOTUSblog," you can access the reply brief at this link. Posted at 02:02 PM by Howard Bashman "In Case That Could Well Be Taken Up by the Supreme Court, Sixth Circuit Rejects Rule Limiting Basis for Payments to Initiative Circulators": Law Professor Rick Hasen has this post at his newly redesigned "Election Law" blog. My earlier coverage of today's Sixth Circuit ruling appears at this link. Thirteen million page views: According to this blog's Site Meter hit counter, within the past hour "How Appealing" exceeded the thirteen million page view mark. Just last month, on February 19, 2008, the number of visitors to "How Appealing" passed the seven million mark. Thanks for visiting! Posted at 11:58 AM by Howard Bashman "California Justices Set to Weigh Gay Marriage": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition." Earlier today, I collected here much additional coverage of yesterday's oral argument. "Of all the conversations I've had with Justice O'Connor over the years, one of the most interesting and provocative was a personal one." So begins a new post that ABC News correspondent Jan Crawford Greenburg has today at her "Legalities" blog. Posted at 11:30 AM by Howard Bashman Unanimous three-judge Sixth Circuit panel affirms federal district court's invalidation, under the First Amendment, of an Ohio law that makes it a felony to pay anyone for gathering signatures on election-related petitions on any basis other than time worked: Circuit Judge David W. McKeague's opinion begins, "As with the law in general, the First Amendment is a jealous mistress. It enables the people to exchange ideas (popular and unpopular alike), to assemble with the hope of changing minds, and to alter or preserve how we govern ourselves. But in return, it demands that sometimes seemingly reasonable measures enacted by our governments give way." Posted at 11:20 AM by Howard Bashman "Court Looks At Internet Limits": The Hartford Courant today contains an article that begins, "The dispute over a Burlington, Conn., teenager's Internet journal gave rise on Tuesday to a wide-ranging and contentious federal court hearing about free speech, whether schools can regulate students' language off campus and how the Internet blurs the boundaries of a school campus. Avery Doninger, the 17-year-old high school senior at the center of the case, sat in the front row as a three-judge panel of the U.S. 2nd Circuit Court of Appeals lobbed questions at the attorneys. Lawyers for both sides described the hearing as uncharacteristically lengthy and suggested that the duration underscored the case's position in new legal territory." And The Associated Press reports that "Appeals Court Weighs Teen's Web Speech." The ruling under review, which U.S District Judge Mark R. Kravitz of the District of Connecticut issued on August 31, 2007, can be viewed at this link. This blog's earlier coverage of that ruling can be accessed here. "Calif. Supreme Court Excuses Managers From Retaliation Suits; Ruling brings unusually sharp dissents, with one justice accusing majority of engaging in 'analytical contortions'": law.com provides this report on Monday's 4-3 ruling of the Supreme Court of California. Posted at 09:34 AM by Howard Bashman "Same-sex marriage has skeptics on California Supreme Court; The justices pose varying questions during arguments over the constitutionality of the state's ban on same-sex marriage; They have 90 days to reach a decision": Maura Dolan has this article today in The Los Angeles Times. Today in The New York Times, Adam Liptak reports that "Definition of Marriage Is at Heart of California Case." Bob Egelko of The San Francisco Chronicle reports that "Court appears split on same-sex marriage." Howard Mintz of The San Jose Mercury News reports that "State supreme court in gay marriage storm; State's top jurists begin weighing biggest civil rights case in decades." Josh Richman of The Oakland Tribune reports that "Same-sex marriage gets tough hearing; Ruling by state's highest court could set tone for nation." Greg Moran of The San Diego Union-Tribune reports that "Court hears arguments on same-sex marriage; 'Very divided opinion' expected by one expert." The Sacramento Bee reports that "Gays' right to wed argued; State justices discuss legality of ban, how to define marriage." And at "The Volokh Conspiracy," Dale Carpenter has a post titled "Observations on oral argument in the California marriage case." The California Channel has posted online at this link (Windows Media Player required) the video of yesterday's oral argument. And the Supreme Court of California has made available at this link (Windows Media Player required) the audio recording of yesterday's oral argument. "Supreme Court to Release Same-Day Tapes": Today in The Washington Post, Robert Barnes has an article that begins, "The Supreme Court announced yesterday that it will take the special step of releasing audiotapes of oral arguments on the same day that it hears a case challenging the District's gun law." Posted at 08:40 AM by Howard Bashman "Judges Grant Release Of 3 City Crack Offenders": The New York Sun today contains an article that begins, "On the heels of a federal decision to retroactively reduce prison sentences for crack cocaine offenders, judges in the city have granted motions to release defendants from federal prisons, defense lawyers and court officials said." And The Washington Post reports today that "Government Starts Cutting Sentences Of Crack Inmates; Bureau of Prisons Processes 400 Orders." "Judge asked to drop one Nichols attorney; Public defender leader says state-funded budget is tapped out; staff can help 3 left": Today's edition of The Atlanta Journal-Constitution contains an article that begins, "Fulton County Courthouse rampage suspect Brian Nichols may lose one of his state-funded attorneys if Georgia officials get their way at a hearing Thursday." Posted at 08:25 AM by Howard Bashman "Personality Check: Malingerer Test Roils Personal-Injury Law; 'Fake Bad Scale' Bars Real Victims, Its Critics Contend." This front page article appears today in The Wall Street Journal. Posted at 08:12 AM by Howard Bashman "Philadelphia judge threatened with disbarment for 1984 crime": According to an article published today in The Philadelphia Inquirer, "Today, the Pennsylvania Supreme Court will hear arguments in Pittsburgh that [the judge] should be removed for failing to report to the state bar association that she is a convicted felon." Posted at 08:11 AM by Howard Bashman "FBI: Don't make us pay John Connolly's debt; Fights to get out of $3.1 judgement." This article, about a case argued Monday before the U.S. Court of Appeals for the First Circuit, appeared yesterday in The Boston Herald. Posted at 08:03 AM by Howard Bashman "BC Law School will not bestow honor on Mukasey": The Boston Globe today contains an article that begins, "Boston College Law School will not award its highest honor to US Attorney General Michael B. Mukasey when he speaks at its May commencement, amid sharp criticism from students, faculty, and alumni over his invitation." The newspaper also contains an editorial entitled "Mukasey's rough justice." "Cartel case papers can be shown, court says": The San Diego Union-Tribune today contains an article that begins, "The public has the right to see documents and transcripts relating to the secret guilty plea of a Tijuana drug kingpin, despite what prosecutors say, a federal appeals court ruled yesterday." My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "Wikileaks Is Spared a Shutdown As a Federal Judge Reverses Course: How Broadly Will the First Amendment Protect A Website Inviting Leaks of Confidential Documents?" Julie Hilden has this essay online today at FindLaw. Posted at 07:42 AM by Howard Bashman Tuesday, March 04, 2008 "Grand jury won't indict Planned Parenthood": Today's edition of The Kansas City Star contains an article that begins, "A Johnson County grand jury wrapped up its three-month investigation of Planned Parenthood's Overland Park clinic Monday without issuing any indictments." Posted at 05:54 PM by Howard Bashman "State Supreme Court appears split in gay marriage hearing; The justices pose varying questions during arguments over the constitutionality of California's ban on same-sex marriage; They have 90 days to reach a decision": Maura Dolan of The Los Angeles Times provides this news update. The San Francisco Chronicle provides a news update headlined "State Supreme Court grills lawyers in same-sex marriage case." And The Associated Press reports that "Gay Marriage Returns to Calif. Court." "Justices to Release Audio in Guns Case": The Associated Press provides this report. And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Listening in on the D.C. Gun Case." The U.S. Court of Appeals for the Tenth Circuit has begun to post online its judicial misconduct decisions: The announcement appeared yesterday at that court's web site, and the decisions now available online via this link date back to the beginning of 2008. On a related note, one week from today, the Judicial Conference of the United States will consider draft Rules for Judicial-Conduct and Judicial-Disability Proceedings. You can view the latest version of the draft at this link. A reporter for a large mainstream media outlet contacted me yesterday to ask for my thoughts regarding "the abrupt changing of draft reforms of federal judicial discipline rules last Monday," but unfortunately that's the first I had heard about the subject. Finally for now, the web site of the Administrative Office of the U.S. Courts has recently posted online two new opinions of the Judicial Conference Committee on Judicial Conduct and Disability. You can access them both by clicking here (they appear back-to-back in the same PDF file). The second of the two opinions involves U.S. District Judge Manuel L. Real, while the first may or may not involve to him. What precautions may police validly take to avoid a feared mass murder-suicide by someone thought to be in possession of a vast number of guns and lots of ammunition? The U.S. Court of Appeals for the Fourth Circuit today addresses that question in an opinion that Circuit Judge J. Harvie Wilkinson III wrote on behalf of a unanimous three-judge panel. Posted at 03:58 PM by Howard Bashman "Ex-justice takes Duane Morris law job": The Pittsburgh Post-Gazette today contains an article that begins, "Cynthia Baldwin, former justice on the Pennsylvania Supreme Court, has joined the Pittsburgh office of law firm Duane Morris, where she will be a partner in the trial practice group and work in appellate litigation." Posted at 03:12 PM by Howard Bashman "Specter presses Leahy on judges": Alexander Bolton has this article in today's issue of The Hill. And at "The Swamp" blog of The Chicago Tribune, James Oliphant has a post titled "Political rhetoric over federal judges heats up." Senator Specter's letter to Senator Leahy can be viewed at this link, while the text of Senator Leahy's comments in response can be accessed here. To what extent does the First Amendment allow the public and the media to access the transcript of a plea colloquy, a plea agreement's "cooperation addendum," and the documents supporting a motion to seal the plea proceedings: The U.S. Court of Appeals for the Ninth Circuit today issued this ruling on the federal government's appeal from a federal district court's ruling unsealing these documents. Today's ruling, written by Chief Judge Alex Kozinski on behalf of a unanimous three-judge panel, affirms in part and vacates in part the federal district court's ruling. Footnote five to today's ruling explains that the ruling contains a "sealed addendum [that] will be made available [only] to the government, to the district court, to our colleagues on this court and to the Supreme Court, should it choose to review our opinion." Second Circuit affirms jury verdict rejecting three trademark infringement claims that Polo Ralph Lauren asserted against the United States Polo Association: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Posted at 12:24 PM by Howard Bashman Today's oral argument before the Supreme Court of California in the same-sex marriage cases is now underway: Via The California Channel, you can view the oral argument live, online by clicking here (Windows Media Player required). Posted at 12:12 PM by Howard Bashman Sixth Circuit addresses whether a provision of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 eliminates a deficiency claim when, in a Chapter 13 plan, the debtors propose to surrender a car purchased within 910 days before filing for bankruptcy: Today, the members of a three-judge Sixth Circuit panel issued a ruling that announces three separate views on how this question should be resolved. The lead opinion, which uses the judicial "we" although speaking for only its author, begins: This consumer bankruptcy, Chapter 13 case arises because the debtor bought a car under a typical financing arrangement in which the lender retained a lien or mortgage on the car as security for payment of the outstanding loan that enabled the debtor to buy the car. The debtor proposed to surrender the car to the finance company as part of the Chapter 13 plan. The value of the car was less than the outstanding debt. Due to a glitch or gap in a recent revision of the Bankruptcy Code intended to benefit creditors, the law is now silent on what happens to the remaining indebtedness in the surrender-of-the-car situation. The bankruptcy court below held that the congressional mistake in drafting the revision means that the remaining indebtedness is completely wiped out. We believe the gap should be filled and the Congressional mistake corrected. The law previously governing this situation should be restored until Congress can correct its mistake and fill in the gap.Previously, the Seventh Circuit (opinion here) and the Eighth Circuit (opinion here; my coverage here) have weighed in on this interesting question of statutory construction. Posted at 12:10 PM by Howard Bashman "Suits vs. Pfizer in Michigan can go on": Greg Stohr of Bloomberg News provides a report that begins, "The U.S. Supreme Court deadlocked Monday in a fight about patient lawsuits over federally approved drugs and devices, issuing a 4-4 decision that lets Michigan patients sue Pfizer Inc. over its now-withdrawn Rezulin diabetes treatment." And this week's installment of my "On Appeal" column for law.com is headlined "Avoiding Recusal-Based Tie Votes at the U.S. Supreme Court." "California high court to hear arguments on gay marriage ban": The Sacramento Bee today contains an article that begins, "The California Supreme Court today begins probing a pivotal civil rights question, one that has sparked controversy in courthouses across the country: Should gay couples be allowed to marry?" Adam Tanner of Reuters reports that "California's top court ponders gay marriage." And today's edition of The San Francisco Chronicle contains an article headlined "Same-sex couples see stories mix with history." The California Channel will supposedly be broadcasting the oral argument live online, beginning at noon eastern time today. You can access via this link the briefs filed in the case. "Mukasey's Paradox: When you think about it, his manipulations are a beautiful, twisted thing." Law Professor Jonathan Turley has this op-ed today in The Los Angeles Times. Posted at 09:00 AM by Howard Bashman "U.S. Bows Out of Court Fight Over PLO Funds": Today in The New York Sun, Josh Gerstein has an article that begins, "The Justice Department has decided not to intervene, at least for now, to prevent the wife of a terrorism victim from pursuing a $174 million legal judgment against the Palestinian Authority and the Palestine Liberation Organization." Posted at 08:57 AM by Howard Bashman "Wiretap Compromise in Works; FISA Update May Hinge On Two Separate Votes": This article appears today in The Washington Post. Posted at 08:54 AM by Howard Bashman "Supreme Court defers action on TV 'expletives' case": David G. Savage has this article today in The Los Angeles Times. Posted at 08:52 AM by Howard Bashman $54 million pants suit leads to proposed legislation in Maryland: The Washington Post reports today that "Md. Bill Offers Recourse to Customers of Dry Cleaners; $54 Million Suit Inspires Proposal." Posted at 08:50 AM by Howard Bashman "To Magna Excitement, Magna Carta Returns; After Seven Centuries, the Words of Liberty Still Look Good": This article appears today in The Washington Post. Posted at 08:44 AM by Howard Bashman "'Friends Of The Barnes' Fire Back": Yesterday in The Philadelphia Bulletin, Jim McCaffrey had an article that begins, "Attorney Eric Spade, newly hired to represent the Friends of the Barnes, threw a flurry of punches in his opening round in the fight to keep the Barnes Foundation in Lower Merion." Posted at 08:40 AM by Howard Bashman "Senate confirms Chicago judge for Justice post; Senate OKs choice amid torture issues": Today in The Chicago Tribune, James Oliphant has an article that begins, "Chicago federal Judge Mark Filip was unanimously approved by the Senate on Monday as the Justice Department's second-ranking official, marking the end of a small-scale odyssey that saw Filip's nomination tumble into limbo because of continuing tension between Congress and Atty. Gen. Michael Mukasey." And today in The Washington Post, Dan Eggen reports that "Senate Confirms New No. 2 for Justice Dept." "Preparation for Soon-to-Be Judicial Clerks": At "The Volokh Conspiracy," Eugene Volokh has this post asking readers to opine on the best ways to prepare for a judicial clerkship. Posted at 08:32 AM by Howard Bashman "Bill Clinton admits 'regret' on crack cocaine sentencing": Columnist DeWayne Wickham has this op-ed today in USA Today. And in somewhat related news, The St. Petersburg Times reports today that "Prisoners released on term reductions; The move is enacted to fix disparities in cocaine sentences." "Sanity and the Second Amendment: Individuals have a right to bear arms -- but not any arms, anywhere." Law Professor Laurence H. Tribe has this op-ed today in The Wall Street Journal. Posted at 08:15 AM by Howard Bashman "Court may opt to pay fees from Bible suit; Long case over removing book from monument cost $400,000": This article appears today in The Houston Chronicle. Posted at 08:07 AM by Howard Bashman "Al-Arian Gets Federal Subpoena": The Tampa Tribune today contains an article that begins, "Less than three months after Sami Al-Arian was released from a federal contempt citation for refusing to testify before a federal grand jury, the Justice Department has informed him he will be called to testify before another grand jury, according to his supporters." And The New York Sun reports that "Justice Department Taking Steps To Charge Sami Al-Arian." Law Professor Jonathan Turley, one of Al-Arian's attorneys, yesterday had a blog post titled "The Justice Department Calls Dr. Sami Al-Arian Before Third Grand Jury." "Judges Revolt Over Death Penalty; In Brooklyn, U.S. Jurists Are Balking": Today in The New York Sun, Joseph Goldstein has an article that begins, "A revolt over capital punishment is brewing among Brooklyn's federal judges, who are appealing to Attorney General Mukasey to stem the rising number of death penalty trials over which they must preside." Posted at 07:57 AM by Howard Bashman In the March/April 2008 issue of Mother Jones magazine: The publication contains articles headlined "I Was Kidnapped by the CIA: Inside the CIA's extraordinary rendition program �and the bungled abduction of would-be terrorists"; "Am I a Torturer? Ben Allbright watches The Daily Show, worships Dave Eggers--and still wound up 'softening up' prisoners in Iraq"; and "The Final Act of Abu Ghraib: A front-row seat at the military scandal's farcical last trial." Posted at 07:52 AM by Howard Bashman "Judge faces new charge; Misconduct case postponed as Allen accused of making false statements": The Pensacola News Journal today contains an article that begins, "Judge Michael Allen faces new charges of making false statements in the judicial misconduct case against him that continues to reveal a poisoned atmosphere at the 1st District Court of Appeal. Broward County Judge Paul Backman, chairman of the Judicial Qualifications Commission hearing panel, put off Allen's hearing, originally scheduled for March 10, in light of the new charges." You can view the Amended Notice of Formal Charges, filed yesterday, at this link. And you can view all of the other filings in the judicial disciplinary proceeding via this link. My most recent earlier coverage of this matter appeared last month in this lengthy post. "The Supreme Court Takes a Broad Approach in Interpreting the Age Discrimination in Employment Act: A Surprising Opinion from a Formalistic Court." Joanna Grossman has this essay online today at FindLaw. Posted at 07:34 AM by Howard Bashman Monday, March 03, 2008 "Court Allows Suit Against Drug Maker": Linda Greenhouse will have this article Tuesday in The New York Times. Posted at 11:25 PM by Howard Bashman "A Wave of the Watch List, and Speech Disappears": Tuesday's edition of The New York Times will contain this new installment of Adam Liptak's "Sidebar" column. Posted at 11:22 PM by Howard Bashman Available online from law.com: Tony Mauro has an article headlined "At Issue in 'Exxon' Case: How Decisive Is Stare Decisis? Justice Breyer's opinion in the 'Sand' case may play a big role in how the Court decides the suit against the oil giant." An article reports that "Feds Ordered to Try Again on Bonds Perjury Indictment." And this week's installment of my "On Appeal" column is headlined "Avoiding Recusal-Based Tie Votes at the U.S. Supreme Court." "Supreme Court defers action on TV 'expletives' case": David G. Savage of The Los Angeles Times has this news update. Posted at 08:14 PM by Howard Bashman "Congress Negotiates FISA Renewal": This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Talk of the Nation." Posted at 05:05 PM by Howard Bashman Reuters is reporting: Now available online are articles headlined "Pfizer Rezulin Case to Proceed; U.S. Court Deadlocks" and "Justices reject appeal by Adelphia founder, son." Posted at 03:52 PM by Howard Bashman Following an answer from New York State's highest court regarding personal jurisdiction in this "libel tourism" challenge, the Second Circuit affirms the dismissal of the lawsuit captioned Ehrenfeld v. Mahfouz: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. My detailed coverage of the Second Circuit's initial ruling in this appeal, which among other things certified a question to New York State's highest court, can be accessed here. In December 2007, the Court of Appeals of New York -- that State's highest court -- issued its ruling in response to the certified question. My coverage of that ruling appears in posts you can access here and here. "Recusal Is Poison Pill for Drug Case": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 11:44 AM by Howard Bashman The Associated Press is reporting: Now available online are articles headlined "Court Leaves Diabetes Drug Case Intact" and "Court Rejects Rigas Appeal." Posted at 10:54 AM by Howard Bashman "No new grants; ruling on tax evasion": Lyle Denniston has this post at "SCOTUSblog." The U.S. Supreme Court today issued two decisions in argued cases. In Warner-Lambert Co. v. Kent, No. 06-1498, a case argued on Monday of last week, the decision under review was affirmed by an equally divided Court. You can access the per curiam affirmance at this link and the oral argument transcript at this link. The folks at the "Drug and Device Law" blog were only off by one vote in their prediction posted yesterday. The Court's other ruling in an argued case issued today in Boulware v. United States, No. 06-1509. You can access Justice David H. Souter's opinion for a unanimous Court at this link and the oral argument transcript at this link. You can access today's Order List at this link. Although there were no cases granted review today, the Court did request the views of the Solicitor General's Office on two cases. "The Legacy of Thurgood Marshall": You can access Saturday's broadcast of C-SPAN's "America and the Courts" by clicking here (RealPlayer required). C-SPAN has also posted online the entire panel discussion (RealPlayer required). Posted at 08:34 AM by Howard Bashman "State Supreme Court takes up same-sex marriage": Bob Egelko has this article today in The San Francisco Chronicle. And today in The Los Angeles Times, Law Professor Nancy D. Polikoff has an op-ed entitled "Marriage isn't the half of it: Laws should grant the same rights to all of today's families." "Forget that day in court: Thanks to tort reform, closed-door arbitration instead of courtroom hearings are becoming more common." Peggy Garrity has this op-ed today in The Los Angeles Times. Posted at 08:25 AM by Howard Bashman "Patients' ability to sue at risk; Justices could shield FDA-backed drugs from suits, as they did for devices; Critics say the agency is fallible": This article appears today in The Los Angeles Times. Posted at 08:24 AM by Howard Bashman "Time for a Shield Law: Reporters and their sources need protection." The Washington Post contains this editorial today. Posted at 08:22 AM by Howard Bashman "Deal Close on Wiretap Law, a Top Democrat Tells CNN": This article appears today in The New York Times. Posted at 08:17 AM by Howard Bashman "Black, ever hopeful of acquittal, buries the hatchet in old quarrels": Today's edition of The Toronto Globe and Mail contains a front page article that begins, "As he prepared to go to jail today, Conrad Black has been making peace with some former foes." The newspaper also contains a related article headlined "'Ready for anything that lies ahead'; Asked by e-mail yesterday about rumours that he was on antidepressants, Black replied, 'Never.'" CBC News reports that "Black set to report to prison; 'I expect it to be somewhat boring,' Black says." And in The New York Sun, Conrad Black has an op-ed entitled "My Faith in American Justice." "A Chance to Determine the Fourth Amendment Limits On Search Incident to Arrest: The U.S. Supreme Court Grants Review in Arizona v. Gant." Sherry F. Colb has this essay online today at FindLaw. Posted at 07:38 AM by Howard Bashman "Some crack convicts could soon be set free": CNN.com provides a report that begins, "New sentencing guidelines were expected to lead Monday to the early release of more than a dozen federal inmates convicted on crack-cocaine charges. Approximately 1,600 federal inmates are currently eligible to ask a court to reduce their sentences because of December's decision by a federal agency to make retroactive reduced sentences for some crack-cocaine related convictions." And Doug Berman, at his "Sentencing Law and Policy" blog, has a post titled "New lower USSC crack guidelines now officially retroactive." Sunday, March 02, 2008 "Horrifying and Unnecessary": The New York Times today contains an editorial that begins, "In the next few days President Bush is expected to again claim the right to order mistreatment of prisoners that any civilized person would regard as torture." Posted at 08:22 PM by Howard Bashman "Bush Judicial Nominees - Torture, Alice in Wonderland, Shoplifting, Ethics and more." Glenn Sugameli has this guest post at "ACSBlog." Posted at 08:12 PM by Howard Bashman "Court upholds whale protection in Navy exercises": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court has ruled that the Navy must protect endangered whales from the potentially lethal effects of underwater sonar during anti-submarine training off the Southern California coast, rejecting President Bush's attempt to exempt the exercises from environmental laws." And The Los Angeles Times reports today that "Court holds Navy to rules safeguarding marine mammals; Appellate panel backs a lower court decision but allows a 30-day reprieve from the toughest rules so sonar training can go forward." Late Friday, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion and an order in this matter. "Bush Moves to Shield Telecommunications Firms": Dan Eggen and Ellen Nakashima have this article today in The Washington Post. Posted at 06:03 PM by Howard Bashman "In letter, ABA criticizes trials of 9/11 detainees; The American Bar Association's letter to President Bush contends that the detainees held in Guantanamo will not receive fair trials": Carol Rosenberg has this article today in The Miami Herald. You can view the letter at this link. "Oil and water": ABC News correspondent Jan Crawford Greenburg has this post about last week's oral argument in the Exxon Valdez case at her "Legalities" blog. Posted at 04:44 PM by Howard Bashman "A Verdict for Workers, for a Change": The New York Times today contains an editorial today that begins, "The Supreme Court ruled last week that a group of employees suing for age discrimination should get their day in court even though they filed their complaint on the wrong form." Posted at 04:20 PM by Howard Bashman "Balance the court: A Democratic president could bring equanimity to the Supreme Court." Columnist Stephen Henderson has this op-ed today in The Detroit Free Press. Posted at 04:12 PM by Howard Bashman "Not single, not married: State Supreme Court to consider rights of gay couples." Howard Mintz has this article today in The San Jose Mercury News. Today in The San Diego Union-Tribune, Greg Moran reports that "Same-sex marriage on court docket; California justices to hear case Tuesday." And The Associated Press reports that "Gay marriage case reaches last stop on long legal odyssey." On Tuesday, the Supreme Court of California will hold oral argument in these cases for a total of three hours. You can access the briefs via this link. A live webcast of the oral argument will be available online from The California Channel's web site. "Medical Double Jeopardy": Yesterday's edition of The Wall Street Journal contained an editorial that begins, "Another sensible Roberts Court ruling, another uproar." Posted at 03:50 PM by Howard Bashman "Supreme Court may rethink broadcast indecency; Awards shows have revived the issue of what may be indecent on the public airwaves; The jurists haven't ruled on the matter in 30 years": David G. Savage and Jim Puzzanghera have this article today in The Los Angeles Times. Posted at 03:47 PM by Howard Bashman "Breyer, Court Master of the 'What If?'" Mark Sherman of The Associated Press provides a report that begins, "The nine justices in black robes file into the Supreme Court consumed with thoughts about the great legal issues of the day. Only one of them is likely to ask questions involving raccoons, an unruly son, pet oysters or even the dreaded 'tomato children.' When Justice Stephen Breyer leans toward his microphone at the end of the bench, lawyers can expect to be asked almost anything." And a related item from The AP is headlined "A Selection of Breyer's Hypotheticals." Accompanying the article is one of the all-time classic Justice Breyer photos. Saturday, March 01, 2008 "Court hands defeat to advocates of Ill. abortion notification law": The Associated Press provides a report that begins, "A federal judge refused to allow enforcement of an ill-fated state law requiring teenage girls to notify their parents before getting abortions, potentially ending any chance the decades-old measure will ever take effect." I have posted online at this link Thursday's ruling of the U.S. District Court for the Northern District of Illinois in Zbaraz v. Madigan. "Court holds Navy to rules safeguarding marine mammals; Appellate panel backs a lower court decision but allows a 30-day reprieve from the toughest rules so sonar training can go forward": The Los Angeles Times provides this news update. My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "Iraqi Court Tosses American's Conviction": Mark Sherman of The Associated Press provides this report. And on yesterday's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Iraqi Conviction Overturned, Munaf to Face High Court" (RealPlayer required). On remand from the U.S. Supreme Court, the majority on a divided three-judge Tenth Circuit panel refuses to dismiss as untimely a criminal appeal filed one day too late where the federal government had failed to object to the appeal's untimeliness: You can access yesterday's Tenth Circuit ruling at this link. The federal government won the appeal on the merits, so it did not suffer any real prejudice in failing to object to the appeal's untimeliness. In a ruling issued in September 2006, the same three-judge Tenth Circuit panel had unanimously dismissed the appeal as untimely. The different outcome on remand resulted from the Supreme Court's rulings in Bowles v. Russell, Eberhart v. United States, and Kontrick v. Ryan. "Spam operator loses his appeal; Va.'s high court upholds 9-year prison term; case may go to Supreme Court": This article appears today in The Richmond Times-Dispatch. And The Washington Times reports today that "Virginia spam charges upheld." My earlier coverage of yesterday's ruling of the Supreme Court of Virginia appears at this link. "S.F. judge dissolves his Wikileaks injunction": Bob Egelko has this article today in The San Francisco Chronicle. Today in The Los Angeles Times, Henry Weinstein reports that "Injunction against website is lifted; Judge reverses earlier decision, saying he may have violated the free speech rights of watchdog Wikileaks." The New York Times reports that "Judge Reverses His Order Disabling Web Site." Declan McCullagh of c|net News.com has a report headlined "Judge: Wikileaks gets its domain name back." The Associated Press reports that "Judge Allows Wikileaks Site to Re-Open." And the organization Electronic Frontier Foundation yesterday issued a news release entitled "Judge Dissolves Wikileaks.org Injunction; First Amendment Rights of Internet Users Upheld in Today's Hearing." You can access yesterday's ruling of the U.S. District Court for the Northern District of California at this link. "Appeals court rejects sonar waiver for Navy": Reuters provides a report that begins, "A federal appeals court has rejected White House efforts to exempt the U.S. Navy from laws intended to protect endangered whales and other marine mammals by curbing " Late yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion and an order in this matter. "Department of Pre-Crime: Why are citizens being locked up for 'un-American' thoughts?" Eric Umansky has this article online at Mother Jones. Posted at 03:23 PM by Howard Bashman "Embattled Lawyer's TV Ads Spark Debate; Ruling due on whether Fieger's pretrial ads are trying to taint jury pool; case draws interest from lawyers around the country": law.com provides this report. My earlier post on this subject, including a link to one of the controversial ads, can be accessed here. "Why do big law firms undervalue blogs?" The blog "Drug and Device Law" has this post asking that question and considering some possible answers. Posted at 03:07 PM by Howard Bashman Friday, February 29, 2008 "Prolific Spammer's Conviction Upheld": The Associated Press provides this report on a 4-3 ruling that the Supreme Court of Virginia issued today. And Venkat Balasubramani offers these thoughts about the ruling at his "Spam Notes" blog. "Judge orders feds to try again on Bonds indictment": The San Francisco Chronicle provides a news update that begins, "A federal judge on Friday told the government to re-craft its perjury case against Barry Bonds, saying prosecutors had improperly lumped multiple alleged offenses into each of four counts of its indictment of the former Giants star." And The Associated Press reports that "Judge Unseals Barry Bonds' Testimony." You can count on First Circuit Judge Juan R. Torruella's foreshadowing of the denial of rehearing en banc in Cerqueira v. American Airlines, Inc.: One week ago yesterday, the U.S. Court of Appeals for the First Circuit issued an en banc ruling in a federal sentencing case. As I noted in this post that evening, Judge Torruella's dissent from the en banc ruling in the sentencing case cited to his separate dissent from the denial of rehearing en banc in the Cerqueira case. That was unusual, however, because the First Circuit had not yet denied rehearing en banc in the Cerqueira case. Today, however, the First Circuit did formally issue its denial of rehearing en banc in Cerqueira and, no surprise, it includes a dissent from the denial of rehearing en banc that Judge Torruella wrote. The vote on whether to grant rehearing en banc was 3-2 against. My original coverage of the three-judge panel's ruling in Cerqueira appeared at this link. "Podcast: Richard Posner and David Lat on 'Judges as Public Figures.'" "The University of Chicago Law School Faculty Blog" has posted online this podcast (61.5MB mp3 file) (via "Above the Law"). Posted at 01:38 PM by Howard Bashman "Safe from searches: Two Supreme Court cases will help define the boundaries between privacy and policing." The Los Angeles Times contains this editorial today. Posted at 08:40 AM by Howard Bashman "Appeals court denies injunction against controversial Arizona law; Statute that can shut down businesses for knowingly hiring illegal immigrants will be enforced beginning Saturday": This article appears today in The Los Angeles Times. And The Arizona Republic reports today that "Appeals to stop state sanctions law denied." "Quaker teacher fired for changing loyalty oath": The San Francisco Chronicle today contains an article that begins, "California State University East Bay has fired a math teacher after six weeks on the job because she inserted the word 'nonviolently' in her state-required Oath of Allegiance form." Posted at 08:35 AM by Howard Bashman Pennsylvania's highest court agrees to consider whether to modernize its approach toward product liability claims: The Supreme Court of Pennsylvania on Wednesday issued an order granting review of a case that presents the question "Whether this Court should apply Section 2 of the Restatement (Third) of Torts in place of Section 402A of the Restatement (Second) of Torts." Posted at 08:22 AM by Howard Bashman "Bill Would Remove Doubt on Presidential Eligibility": The New York Times today contains an article that begins, "Senator John McCain said Thursday that he had no concerns about his meeting the constitutional qualifications for the presidency because of his birth in the Panama Canal Zone. A Democratic colleague said she wanted to remove even a trace of doubt." Posted at 08:15 AM by Howard Bashman "Greenhouse To Leave Times; Pulitzer-Prize winning Supreme Court reporter will retire": This article appears today in The Harvard Crimson. Posted at 08:12 AM by Howard Bashman "Skilling prepares for another round; Arguments scheduled for April in relation to 'honest services' issue": Tuesday's edition of The Houston Chronicle contained an article that begins, "Lawyers for former Enron CEO Jeff Skilling and the government will soon face off once again as his side argues to erase his convictions while prosecutors seek to maintain them. The 5th U.S. Circuit Court of Appeals has scheduled arguments in Skilling's appeal for April 2 in New Orleans. The arguments will come nearly two years after a Houston federal jury convicted Skilling of multiple crimes and more than 15 months after he began serving a 24-year prison term at a lockup in Minnesota." Posted at 07:58 AM by Howard Bashman "Exxon's Day of Valdez Reckoning May Never Arrive": Bloomberg News columnist Ann Woolner has this essay today. Posted at 07:44 AM by Howard Bashman Thursday, February 28, 2008 State of Texas seeks rehearing en banc of Fifth Circuit ruling that declared unconstitutional a Texas statute making it a crime to promote or sell sexual devices: You can access the rehearing petition, filed last week, at this link (via "The Legal Satyricon"). My earlier coverage of the Fifth Circuit's ruling from earlier this month appears at this link. "EBay patent case settled; It owns 'Buy It Now' after 6-year battle": The San Jose Mercury News provides a news update that begins, "EBay said Thursday that it reached a settlement that gives the online auction company the rights to the 'Buy It Now' patent that sparked a precedent-setting Supreme Court case, spurred a call for patent reform and shifted the leverage in patent battles." The Wall Street Journal on Friday will report that "EBay Ends Patent Fight With MercExchange." USA Today reports that "EBay settles 7-year dispute over patents." The Associated Press reports that "EBay Ends Patent Suit With MercExchange." Bloomberg News reports that "EBay Agrees to Settle 'Buy It Now' Patent Lawsuit." And Reuters reports that "EBay, MercExchange settle long legal battle." "Is Association Discrimination Disability Discrimination or Expense Discrimination?" At the "Workplace Prof Blog," Paul Secunda has this interesting post about a thought-provoking ruling (see, in particular, Circuit Judge Richard A. Posner's concurring opinion) that the U.S. Court of Appeals for the Seventh Circuit issued yesterday. Posted at 04:38 PM by Howard Bashman Seventh Circuit offers its take on the controversial religion-based "ministerial exception" to federal employment laws: Circuit Judge Richard A. Posner issued this ruling today on behalf of a unanimous three-judge panel. Posted at 12:54 PM by Howard Bashman "Swiss Bank Defends Wikileaks Shutdown": The Associated Press provides a report that begins, "The Swiss bank that won a court order shutting down a whistle-blower Web site said Thursday that it just wanted stolen and forged documents removed. 'It wasn't our intention to shut down the Web site,' bank spokesman Martin Somogyi told The Associated Press. 'Our intention was to remove the documents.'" The bank has also issued a press release that you can access here. "Help wanted: Times SCOTUS search begins." Mark Obbie has this post today at his "LawBeat" blog. And the "Media Mob" column of The New York Observer has an article headlined "Supreme-Court-Whisperer Linda Greenhouse Takes $300K Times Buyout." Federal government wins appeal challenging, as too lenient, criminal sentences arising from Arkansas cross-burning incident: You can access today's ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. Posted at 11:37 AM by Howard Bashman "Detroit Mayor Loses Fight Over Secret Papers": The New York Times contains this article today. Today's edition of The Detroit News contains articles headlined "Kilpatrick loses court fight; Secret records heat up probes by council, prosecutor"; "Newly released papers show mayor tried to hide messages": and "Mayor ponders filing civil suit over text message leak; His attorney says only two people were supposed to get documents, not the media." And The Detroit Free Press contains articles headlined "Ruling called victory for public, council" and "Documents show keys to mayor's cover-up." My earlier coverage of yesterday's order of the Supreme Court of Michigan appears at this link "GOP Uses Surveillance Bill to Bash Democrats": This article appears today in The Washington Post. Posted at 08:40 AM by Howard Bashman "Former Prosecutor to Testify for Detainee": Today's edition of The New York Times contains an article that begins, "Until four months ago, Col. Morris D. Davis was the chief prosecutor at Guantanamo Bay and the most colorful champion of the Bush administration's military commission system." Posted at 08:37 AM by Howard Bashman "Court rejects California limits on ship emissions; Appellate judges say the state needs federal approval for the regulation, which was designed to cut pollution generated by ports": This article appears today in The Los Angeles Times. And today in The San Francisco Chronicle, Bob Egelko reports that "Court tosses state ship emissions standard." You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Supreme Court may be divided over Exxon Valdez damages; Several justices seem likely to slash the record punitive award in the oil-spill case": David G. Savage has this article today in The Los Angeles Times. Today in USA Today, Joan Biskupic reports that "High court appears split on Exxon case; Justices debate appeal of $2.5B ruling in 1989 oil spill." The Anchorage Daily News contains articles headlined "Exxon makes last pitch; Justices seem willing to cut damages but not dismiss them outright" and "Plaintiffs watch, wait and worry; Talk of a new standard bothers Alaskans in D.C." The Fairbanks Daily News-Miner reports that "Exxon asks Supreme Court to toss out damages." The Kodiak Daily Mirror reports that "Kodiakans respond to oil spill arguments at Supreme Court." And in The Washington Post, Dana Milbank's "Washington Sketch" column is headlined "At the High Court, Damage Control." "Too confident in the FDA": The Boston Globe today contains an editorial that begins, "Last week, the US Supreme Court ruled that patients injured by defective medical devices have no right to sue for damages if the devices were approved by the Food and Drug Administration." Posted at 08:12 AM by Howard Bashman "Web surpasses TV, papers as top news source": This article appears today in The Washington Times. More details on the survey can be accessed here. "Supreme Court Alters Tone in Discrimination Case": Linda Greenhouse has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "Justices Let Age Bias Lawsuit Move Ahead." In USA Today, Joan Biskupic reports that "Court allows suit against FedEx; Justices criticize agency over forms in age bias case." And Jess Bravin of The Wall Street Journal reports that "High Court Rules Age Case Can Proceed; Court Lets Workers Suit Proceed Despite Failure Of EEOC to Notify Firm." "Judge Mulls Limit on Travel Ban to Rogue States": Joseph Goldstein has this article today in The New York Sun. Posted at 07:52 AM by Howard Bashman "McCain's Canal Zone Birth Prompts Queries About Whether That Rules Him Out": The New York Times today contains an article that begins, "The question has nagged at the parents of Americans born outside the continental United States for generations: Dare their children aspire to grow up and become president? In the case of Senator John McCain of Arizona, the issue is becoming more than a matter of parental daydreaming." Posted at 07:45 AM by Howard Bashman "As Retired Justice O'Connor Speaks Out Against the Problems Plaguing State Judicial Elections, the Supreme Court Still Refuses to Allow Reform": Edward Lazarus has this essay online today at FindLaw. Posted at 07:30 AM by Howard Bashman Wednesday, February 27, 2008 "Justices Take Up Battle Over Exxon Valdez Damages": Linda Greenhouse will have this article Thursday in The New York Times. Thursday in The Washington Post, Robert Barnes will have an article headlined "Justices Assess Financial Damages in Exxon Valdez Case; Supreme Court May Reduce Billions Awarded Over Environmental Debacle in Prince William Sound." law.com's Tony Mauro reports that "Supreme Court Could Limit Damages in Exxon Valdez Case; Packed courtroom hears historic 90 minutes of arguments." And this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer" contained a segment entitled "Justices Consider Exxon's Valdez Damages Challenge" (transcript with link to audio) featuring Marcia Coyle. "30-year Supreme Court reporter for NYT, Linda Greenhouse, accepts buyout offer": The Associated Press provides a report that begins, "Linda Greenhouse, who has covered the Supreme Court for The New York Times for 30 years, said Wednesday that she has accepted a buyout package from the newspaper." Posted at 11:04 PM by Howard Bashman Superior Court of Pennsylvania rejects confrontation clause challenge to Pennsylvania statute authorizing videotaped testimony by child witnesses: You can access yesterday's ruling at this link. Posted at 08:42 PM by Howard Bashman "Oil and Water: The Exxon Valdez case runs aground at the Supreme Court." Dahlia Lithwick has this Supreme Court dispatch online at Slate. And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Exxon Makes Case on Valdez for High Court" (RealPlayer required). "Documents Give Insight Into Hicks Case": The Associated Press provides a report that begins, "When young Australian David Hicks got an offer from a Saudi friend to go to Osama bin Laden's camps in Afghanistan in December 2000, he did not think twice." Posted at 05:34 PM by Howard Bashman "The Implications of the Exxon Valdez Oral Argument": Curt Cutting has this post at the blog "California Punitive Damages." Posted at 05:25 PM by Howard Bashman "Supreme Court Hears Exxon Case": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 04:18 PM by Howard Bashman "Exxon makes final pitch to avoid spill penalty": The Anchorage Daily News provides this update. Posted at 03:20 PM by Howard Bashman Access online the transcript of today's U.S. Supreme Court oral argument in Exxon Shipping Co. v. Baker, No. 07-219: You can access the transcript at this link. Posted at 02:55 PM by Howard Bashman "Supreme Court Recusals Because of Stock Ownership": Eugene Volokh has this post at "The Volokh Conspiracy." I just posted a comment over there in response to the post. Posted at 02:48 PM by Howard Bashman In today's mail: Charles Lane's new book, "The Day Freedom Died: The Colfax Massacre, the Supreme Court, and the Betrayal of Reconstruction." Chuck began researching and writing this book while serving as U.S. Supreme Court correspondent for The Washington Post. After completing the book, he returned to that newspaper, where he now serves as an editorial writer. The book has received much praise in advance of its official publication from notable authors including Pulitzer Prize-winning historian David J. Garrow, Jeffrey Rosen, Jan Crawford Greenburg, Dahlia Lithwick, and George F. Will. The book officially goes on sale March 4, 2008, although you can now pre-order it (and save 34 percent off its cover price) via Amazon.com. The Associated Press is reporting: Lara Jakes Jordan reports that "Mukasey Visits Guantanamo." And in other news, "Bush Urges House to Pass Intel Law." "Supreme Court split on Exxon damages; A tie vote is possible as justices debate whether to uphold the $2.5 billion verdict on the 1989 Valdez oil spill": David G. Savage of The Los Angeles Times provides this news update. Greg Stohr of Bloomberg News reports that "Exxon Valdez Award Questioned at U.S. Supreme Court." And James Vicini and Chris Baltimore of Reuters report that "Supreme court hears Exxon Mobil Valdez appeal." "Court Could Limit Exxon Valdez Damages": Mark Sherman of The Associated Press provides a report that begins, "The Supreme Court on Wednesday seemed inclined to reduce the $2.5 billion award of punitive damages to victims of the Exxon Valdez disaster." And at "SCOTUSblog," Lyle Denniston has a post titled "Exxon may both lose and win." "Fortunately, we need not decide today whether a seller of drugs or medical devices has a constitutional right to promote off-label uses." Chief Judge Frank H. Easterbrook today issued this ruling -- which contains an interesting discussion of the constitutionality of limits on commercial speech -- on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit. Posted at 11:54 AM by Howard Bashman "Supreme Court rules against Mayor Kilpatrick": The Detroit News provides an update that begins, "The Michigan Supreme Court in a unanimous decision has declined to hear an appeal from Detroit Mayor Kwame Kilpatrick to keep documents from a secret settlement of a whistle-blowers' lawsuit from being made public. The ruling ends the City of Detroit's months-long attempts to conceal the secret details of a deal to keep the embarrassing text messages private." The Detroit Free Press provides a news update headlined "Supreme court backs document release; State's high court won't hear appeal." And The Associated Press reports that "Mich. Court Rejects Detroit Mayor Case." You can access today's order of the Supreme Court of Michigan at this link. The City of Detroit issued this statement in response to the order. Someday, Linda Greenhouse will cease covering the U.S. Supreme Court for The New York Times: In this post at National Review Online's "Bench Memos" blog, Ed Whelan says Greenhouse will conclude her coverage of the Court for The NYTimes at the end of this Term. Posted at 11:20 AM by Howard Bashman "Court rules on pleading age bias case": Lyle Denniston has this post at "SCOTUSblog." And Mark Sherman of The Associated Press reports that "FedEx Workers Can Sue Over Age Bias." Today's only U.S. Supreme Court opinion in an argued case issued in Federal Express Corp. v. Holowecki, No. 06-1322. You can access the ruling at this link and the oral argument transcript at this link. "Minimize the politics in selecting justices": Today in The Detroit Free Press, Cate McClure has an op-ed that begins, "In a recent U.S. Supreme Court case upholding a New York law on the election of judges, several of the justices wrote concurring opinions to pointedly question whether judicial elections promote the perception or reality of judicial independence and excellence. The issue is important to Michigan." Posted at 09:50 AM by Howard Bashman "Attorney: Jailhouse lawyer under investigation for legal help." The Associated Press provides a report that begins, "The prison law clerk who convinced the U.S. Supreme Court to hear a fellow inmate's case is being investigated by South Carolina authorities for practicing law without a license, the prisoner's attorney said. Lawyer Rauch Wise said the state attorney general's office informed him last week they were investigating Michael Ray, a federal inmate in South Carolina." Posted at 09:47 AM by Howard Bashman "NBC game show faces illegal gambling lawsuit": In today's edition of The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "When a Forsyth County couple sent 99-cent text messages trying to win a prize on the NBC game show 'Deal or No Deal,' they engaged in illegal gambling and should get their money back, a lawyer told the Georgia Supreme Court on Tuesday." Posted at 09:44 AM by Howard Bashman "Judge is asked to rescind shutdown of website; Media and public interest organizations tell the jurist that his order violates constitutional provisions against prior restraint of free speech": Today in The Los Angeles Times, Henry Weinstein has an article that begins, "A coalition of media and public interest organizations went to federal court in San Francisco on Tuesday urging a judge to reconsider his order to shut down a muckraking website that publishes leaked documents from businesses and government agencies worldwide." And the organization Electronic Frontier Foundation has issued a news release headlined "EFF, ACLU Move to Intervene in Wikileaks Case; Domain Name Shutdown Harms First Amendment Right to Access Information." You can view the motion to intervene by clicking here. "After 6 years, al Qaeda suspect meets lawyers; In secret detention at Guantanamo Bay, an Al Qaeda suspect saw lawyers for first time since his 2003 capture": Carol Rosenberg has this article today in The Miami Herald. Posted at 09:25 AM by Howard Bashman "Keep crack criminals in prison; A move to revise offenders' sentences should stop until its effects can be weighed": Acting Deputy U.S. Attorney General Craig Morford has this op-ed today in The Los Angeles Times. Posted at 09:23 AM by Howard Bashman "Village sues energy firms for climate change; 23 companies blamed for emissions tied to coastal erosion threat": The Anchorage Daily News today contains an article that begins, "The eroding village of Kivalina in the Northwest Arctic is suing Exxon Mobil and 23 other energy companies for damage related to global warming. The suit was filed Tuesday in the U.S. District Court in San Francisco on behalf of the Native village's federally recognized tribe and its city government, according to lawyers for the village. Kivalina, located on a shrinking barrier island in the Chukchi Sea, says the energy companies should pay to move the village to safer ground." The newspaper has posted online at this link a copy of the complaint initiating suit in federal court. And The New York Times reports today that "Flooded Village Files Suit, Citing Corporate Link to Climate Change." "Door Could Open To Class Actions; Banks watch closely to see if a couple's legal struggle with their lender will launch a new front in the battle over troubled mortgages": Today's edition of The Washington Post contains an article that begins, "A federal appeals court is nearing a decision on a battle between Chevy Chase Bank and a Wisconsin couple that could for the first time enable homeowners across the country to band together in class-action lawsuits against mortgage firms and get their loans canceled." Posted at 09:07 AM by Howard Bashman "A Case-by-Case Ruling on Discrimination": Linda Greenhouse has this article today in The New York Times. Today in The Washington Post, Robert Barnes reports that "Ruling May Aid Those Charging Age Bias." David G. Savage of The Los Angeles Times has an article headlined "No ruling from justices in age-bias case; The Supreme Court fails to say whether co-worker testimony should be allowed and returns the matter to the trial judge." And The Kansas City Star reports that "Supreme Court rules on Sprint age discrimination case." "In Wiretap Law's Stead, Uncertainty": The New York Times today contains an article that begins, "All last week, intelligence officials fielded calls from nervous lawyers for the country's phone companies. With a wiretapping law allowed to lapse in Congress, they were no longer certain what they were supposed to do when the government came to them with a wiretapping order, administration officials said." Posted at 08:55 AM by Howard Bashman "Court Decision Could Affect Wis. Appeal": The Associated Press provides a report that begins, "An accusatory letter penned by a woman who turned up dead ultimately helped a jury convict her husband. But it also could be what gets him a new trial in the nearly 10-year-old case." Posted at 08:52 AM by Howard Bashman "A tortured defense: The guessing game is over; We know the U.S. government OK'd and utilized waterboarding; So what -- if anything -- are we going to do about it?" Jonathan Turley has this op-ed today in USA Today. Posted at 08:44 AM by Howard Bashman "A lot rides on how 'flood' defined; La. justices hear arguments on Katrina's waters": This article appears today in The Times-Picayune of New Orleans, along with an article headlined "Insurance law's intent is key for high court." And The Advocate of Baton Rouge reports today that "Katrina cases get hearing; La. high court gets issue of wind-water damage." "Do you have a legal right to own a gun? It's been a divisive issue for decades; Finally, the Supreme Court weighs in." Joan Biskupic has this front page article today in USA Today. Posted at 08:20 AM by Howard Bashman "Case may change how published works used; Photographer sues National Geographic over photo reused in CD compilation": Today's edition of The Atlanta Journal-Constitution contains an article that begins, "Twelve federal judges heard arguments in Atlanta on Tuesday in an 11-year-old lawsuit that could have wide repercussions for the publishing industry. The 11th U.S. Circuit Court of Appeals considered the merits of a suit filed by a freelance photographer who sued National Geographic magazine for using his photographs in the publication's 1997 30-disc CD-ROM anthology. The hearing drew a packed house to the Elbert P. Tuttle U.S. Court of Appeals Building downtown, including former U.S. Attorney General Griffin Bell. Representing National Geographic was former Independent Counsel Kenneth Starr, author of the 1998 report to Congress that led to the impeachment of President Bill Clinton." And today's edition of the Fulton County Daily Report contains an article headlined "1976 Copyright Law Meets 21st Century in Case Before 11th Circuit; In closely watched case, court debates whether to join 2nd Circuit position or set its own path and a road to Supreme Court." "19 years later, Exxon Valdez case heads to closure; Alaskans say it has dragged on too long": James Oliphant has this article today in The Chicago Tribune. Today in The Wall Street Journal, Jess Bravin has an article headlined "Watershed for Punitive Awards: High Court Decision On Exxon Valdez Could Ripple Far." The Anchorage Daily News reports that "'Shame pole' points at Exxon; Court will hear oil giant's last arguments today." The Los Angeles Times contains a front page article headlined "Exxon Valdez oil spill lingers in Alaska; In one fishing village, residents say they've never recovered from the 1989 disaster; Now the Supreme Court is hearing arguments on whether the company should pay $2.5 billion in punitive damages." The Seattle Times reports that "19 years after Exxon spill, it's fishermen's big day." Mark Sherman of The Associated Press reports that "Supreme Court to Hear Exxon Valdez Case." Greg Stohr of Bloomberg News reports that "Exxon Valdez Spill Reaches U.S. Supreme Court After 19 Years." And Agence France Presse reports that "Two decades on, US high court takes up Exxon Valdez oil spill case." Tuesday, February 26, 2008 "'High-value detainee' gets lawyer": Carol Rosenberg of The Miami Herald has a news update that begins, "Alleged arch-terrorist Abu Zubaydah, whom the CIA waterboarded in secret overseas interrogations, has agreed to let a civilian American attorney handle his case, the lawyer said Tuesday." Posted at 09:58 PM by Howard Bashman The law deals another setback to the widow of a Connecticut state court judge who reportedly worked himself to death: Today in The Hartford Courant, Lynne Tuohy has an article headlined "Ruling: Widow Can't Be Lone Beneficiary" that begins, "The state Supreme Court on Monday ruled that a state law passed 14 years ago to permit the widow of a workaholic judge to sue the state over his death was unconstitutional because it benefited her alone." And The Associated Press provides a report headlined "Court: Widow can't pursue claim husband was worked to death." You can access yesterday's ruling of the Supreme Court of Connecticut at this link. In news updates available online from The Times-Picayune of New Orleans: "La. Supreme Court hears arguments over whether Katrina's waters constituted a 'flood'" and "La. Supreme Court hears Hurricane Rita insurance case." Posted at 09:00 PM by Howard Bashman "High court rules in Sprint discrimination complaint": The Kansas City Star provides this news update. Posted at 08:57 PM by Howard Bashman "Patent court rules on Microsoft, Amado case": Reuters provides a report that begins, "A federal court which hears patent appeals told a lower court on Tuesday to reconsider damages that Microsoft must pay a Guatemalan inventor for infringing his software in its popular Office Suite." And Wednesday's edition of The Wall Street Journal will report that "Court to Review Damages In Microsoft Patent Case." You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link. "High court to hear Exxon Valdez damages case; At issue: Should the company pay $2.5 billion in punitive damages for the 1989 oil spill?" Warren Richey will have this article Wednesday in The Christian Science Monitor. Today's edition of The Anchorage Daily News contains articles headlined "Exxon Valdez: Long voyage to justice; On Wednesday, Supreme Court takes up oil giant's final appeal of $2.5 billion in damages awarded in wake of 1989 spill" and "Cordova braces for court ruling; Fishing town residents say spill ruined their livelihoods." You can access that newspaper's extensive earlier coverage of the oil spill disaster via this link. And The Fairbanks Daily News-Miner reports today that "Supreme Court to hear Exxon Valdez case Wednesday." "Clarence Thomas' Two Years of Silence": This audio segment (RealPlayer required) featuring Dahlia Lithwick appeared on today's broadcast of NPR's "Day to Day." Posted at 03:50 PM by Howard Bashman First Circuit today becomes the first circuit to hold that the federal Bureau of Prisons may, through rulemaking, deny placement in a community corrections center to all prisoners during the first 90 percent of their sentences: You can access today's ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit at this link. Before today, four other federal appellate courts have ruled that the BOP lacks that authority. Posted at 03:20 PM by Howard Bashman "Did Allison Engine Case Throw a Rod?" Tony Mauro has this post at "The BLT: The Blog of Legal Times." The U.S. Supreme Court has posted online at this link the transcript of today's oral argument in Allison Engine Co. v. United States ex rel. Sanders, No. 07-214. "Age Ruling May Help Ex-Employee": Pete Yost of The Associated Press provides this report. Posted at 11:05 AM by Howard Bashman "The effect of our Court's rulings is that every local robbery of a business in the United States is a federal crime." In a concurring opinion issued today, Senior Sixth Circuit Judge Richard F. Suhrheinrich calls on the U.S. Supreme Court to consider whether the Sixth Circuit, "[b]y continuing to allow a de minimis standard for individual violations of the Hobbs Act, [is] essentially nullifying the 'substantial effect' test of Lopez and Morrison." Today's Sixth Circuit ruling upholds a defendant's federal criminal conviction for interfering with commerce by robbery in violation of the Hobbs Act by using a gun to steal $538 from a Cleveland-area Little Caesar's restaurant. "Short Bench: Why the Dems lack Supreme Court nominees." Jeffrey Rosen has this article online at The New Republic. Posted at 10:40 AM by Howard Bashman You call that Parmesan cheese? A ruling that the European Court of Justice issued today has resulted in seemingly conflicting headlines from some major mainstream media outlets. On the one hand, Reuters provides a report headlined "Parmesan? It's OK if it's German, EU court says." And BBC News reports that "Germany cleared in Parmesan case; A claim that Germany has failed to protect genuine Italian Parmesan cheese from imitation has been rejected by the top court in the European Union." On the other hand, Bloomberg News reports that "Only Italians Can Call It Parmesan Cheese, Court Says." And Financial Times reports that "ECJ ruling protects Parmesan." "WTC Bomber Claims Sept. 11 Retaliation": The Associated Press provides a report that begins, "Fifteen years after the 1993 World Trade Center bombing, a Palestinian sentenced to more than 100 years in prison in the attack claims that a vengeful U.S. government has blocked him from appealing to the U.S. Supreme Court." Posted at 10:17 AM by Howard Bashman "Court decides 'me-too' case": Lyle Denniston has this post at "SCOTUSblog." Today's lone U.S. Supreme Court ruling in an argued case issued in Sprint/United Management Co. v. Mendelsohn, No. 06-1221. You can access the opinion at this link and the oral argument transcript at this link. "High court to rule on warrantless search of vehicle; Arizona jurists ruled against police who looked through a car while the handcuffed driver was in their patrol unit, saying the officers weren't in danger": David G. Savage has this article today in The Los Angeles Times. And today in The Arizona Daily Star, Howard Fischer reports that "High court to hear local warrantless case; Will decide whether state justices correct in overturning TPD search of car in 1999." "Encino judge gets no award in escalator fall; The Encino jurist who fell from an escalator had sought $21 million": The Los Angeles Times today contains an article that begins, "A Los Angeles County Superior Court jury has ruled against a federal judge who was seeking $21 million after alleging that he was severely injured when he fell from a malfunctioning escalator at an Encino shopping center. U.S. District Judge George P. Schiavelli, 59, said he was riding the escalator at Encino Place shopping center in August 2005 when it stopped 'suddenly and without warning,' knocking him down the stairs and causing permanent injuries, according to court records." Posted at 08:50 AM by Howard Bashman "Bush like a Nazi? Cancel commercial, judge tells Fieger; It could influence jurors in lawyer's trial, Borman says." Today's edition of The Detroit Free Press contains an article that begins, "A federal judge told lawyers for embattled Southfield attorney Geoffrey Fieger that he must pull at least one of his TV commercials because it could influence potential jurors in a trial on charges he illegally contributed $127,000 to John Edwards' 2004 presidential campaign." And The Detroit News reports today that "Fed judge says Fieger will have to pull TV ads; Ahead of ruling in appeal, jurist calls spots a 'blatant' attempt to taint jury pool." You can view the advertisement in question by clicking here. "State high court's output low, so far, in a complex year": The Milwaukee Journal Sentinel today contains an article that begins, "By this time in an ordinary year, the Wisconsin Supreme Court would have released about 20 of the approximately 90 rulings it makes during its September-to-July term. But this is no ordinary year. While one newly elected justice has been embroiled in an ethics investigation and another justice is mired in a contentious campaign for his seat, the court's output has fallen. The current session has yielded only 10 case rulings, less than half the 20.5-ruling average of the previous four years through the end of February. Its rate of dealing with lawyer discipline matters has dropped off, too. For the court, it's a sensitive question whether its uneasy place in the midst of highly partisan debate has held back the pace of justice - historically a point of pride." Posted at 08:38 AM by Howard Bashman In recent news coverage pertaining to the death of Baltimore-based Assistant U.S. Attorney Jonathan Luna in Lancaster County, Pennsylvania more than four years ago: Two Sundays ago, The Lancaster Sunday News contained an article headlined "Show him the money: A convict throws another twist into 4-year-old Luna mystery" that begins, "He's not trying to smear Jonathan Luna's name, Nacoe Brown insists. He just wants to get out of jail. And if that means suggesting that the man who put him in prison -- the man who was found dead in a Brecknock Township stream more than four years ago -- had something to do with the theft of $38,000 in evidence money from Brown's trial, so be it." That same newspaper issue also contained a related article headlined "Detective plans to take another shot at getting autopsy report." "Defense stymied in 9/11 death-penalty case": Yesterday in The Miami Herald, Carol Rosenberg had an article that begins, "Two weeks after the Pentagon announced plans to stage death-penalty trials for six Guantanamo captives as alleged Sept. 11 co-conspirators, none of the men has seen a military defense lawyer. Only one of the six has an assigned lawyer, U.S. Army Lt. Col. Bryan Broyles. But Broyles failed to see his client during a Feb. 13-16 visit to the isolated Navy base." Posted at 08:22 AM by Howard Bashman "Hats Off To Kagan: The law school dean's tenure has been marked by numerous accomplishments." This editorial appears today in The Harvard Crimson. Posted at 08:14 AM by Howard Bashman The Providence (R.I.) Journal is reporting: Today's newspaper contains articles headlined "Supreme Court to hear R.I. case" and "Jury selection begins in Narragansetts' smoke-shop raid case." Posted at 08:10 AM by Howard Bashman "Exxon spill revisited at high court; Justices to decide whether $2.5 billion awarded after Alaska disaster will stand": Joan Biskupic has this article today in USA Today. Posted at 08:02 AM by Howard Bashman "When Does Federal Law Preempt State Law In Tort Cases? Last Week's Supreme Court Decision Offers Some Guidance." Anthony J. Sebok has this essay online at FindLaw. Posted at 07:54 AM by Howard Bashman Monday, February 25, 2008 In Tuesday's edition of The New York Times: Linda Greenhouse will have an article headlined "Justices Weigh if Cash Hidden Is Cash Laundered." And in other news, "Court Considers Protecting Drug Makers From Lawsuits." "'Troll Tracker' Tracked to Cisco IP Team; The mystery blogger who took IP holding companies to task is forced to unveil himself as a top IP attorney for tech giant Cisco": law.com provides this article reporting on this blog post at "Patent Troll Tracker." Posted at 10:57 PM by Howard Bashman "The Right to Counsel, in the Right Situations": You can access at this link tomorrow's installment of Adam Liptak's "Sidebar" column published in The New York Times. The essay focuses on Zacarias Moussaoui's opening brief for appellant, filed recently in the U.S. Court of Appeals for the Fourth Circuit. My earlier coverage of that brief appears at this link. "Supreme Court Justice Antonin Scalia to speak": Princeton University has issued a news release that begins, "Supreme Court Justice Antonin Scalia will give an address on 'The Role of the Courts in a Liberal Democracy' at 8 p.m. Friday, March 7, in McCosh 50 on the Princeton University campus. The lecture is free, but is a ticketed event open primarily to University students, faculty and staff, with a limited number of tickets available to the general public." Posted at 10:47 PM by Howard Bashman "Solicitor General shares insight on highest court": ASU News provides a report that begins, "As U.S. Solicitor General, Paul Clement has argued nearly 50 times before the United States Supreme Court on issues as varied as campaign reform, medical marijuana, the access of disabled people to public buildings, and the military detention of American citizens on American soil. But there's something that never changes when standing before the highest U.S. court: fear." Posted at 10:42 PM by Howard Bashman "Supreme Court will rule on Narragansett dispute with Rhode Island": The Associated Press provides this report. Posted at 10:37 PM by Howard Bashman "State Supreme Court throws out life-without-parole sentence for convicted rapist": Bill Rankin of The Atlanta Journal-Constitution provides a news update that begins, "State prosecutors cannot obtain a sentence of life in prison without parole against someone who rapes a child unless they are seeking the death penalty, the Georgia Supreme Court ruled Monday." And The Associated Press reports that "Divided court says rape convict can't receive life without parole." You can access today's 4-3 ruling of the Supreme Court of Georgia at this link. "Longtime Pentagon Lawyer Stepping Down": The Associated Press provides a report that begins, "The Defense Department's longest-serving general counsel, who has been criticized for his role in crafting Bush administration policies for detaining and trying suspected terrorists, is resigning to return to private life next month, the Pentagon said Monday. William J. Haynes II was confirmed as general counsel by the Senate in May 2001." Posted at 10:15 PM by Howard Bashman "No Bark, No Bite: Is the wrong watchdog investigating how the Justice Department came to approve water-boarding?" Emily Bazelon has this jurisprudence essay online at Slate. Posted at 10:00 PM by Howard Bashman Access online the transcripts of today's U.S. Supreme Court oral arguments: The Court has posted the transcripts in both Cuellar v. United States, No. 06-1456, and Warner-Lambert Co. v. Kent, No. 06-1498. Posted at 04:40 PM by Howard Bashman  
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