How Appealing

Thursday, July 3, 2008

When is it reasonable to enhance an attorneys' fee for exceptional results in a federal civil rights class action? Eleventh Circuit Judge Ed Carnes has today issued what many in the class-action bar, and elsewhere, will find to be a must-read decision calling into question the validity of attorneys' fee enhancements for so-called "exceptional" litigation results.

To quote just one passage from the decision (some additional paragraph breaks added):

A result that obtains more or better relief than plaintiffs are entitled to receive under the law is, to the extent it exceeds their entitlement on the merits, analogous to relief on a meritless claim. Just as Dague instructs us that fee awards should not underwrite efforts to obtain relief where none is due under the law, neither should they underwrite efforts to receive more or better relief than that due under the law. Just as the societal costs for fee awards for non-meritorious claims are too high, so also are they too high for results that exceed what the law allows. Just as encouraging non-meritorious claims cannot have been an objective of the fee-shifting provisions, neither can encouraging results that go beyond what the law allows have been an objective.
To put it in an either-or manner, superb results are either what a fair application of the law produces, which means that they are not truly "superb," or they are results that exceed what the law allows and for that reason are beyond the purpose of the fee-shifting statutes. Those statutes are designed to provide a reasonable fee for a reasonable result, not an extraordinary fee for a result that goes beyond what the law would provide if the claims were litigated to their correct conclusion on the merits.
Look at it this way. A merits-exceeding result for plaintiffs must be the product of one, or some combination, of the following factors: superior lawyering by plaintiffs' counsel, bad lawyering by defendants' counsel, poor decision making by the court, or dumb luck.
The Supreme Court held in Delaware Valley I that superior lawyering by the plaintiffs' counsel is not a proper basis for an enhancement. Delaware Valley I, 478 U.S. at 565-68, 106 S. Ct. at 3098-100. So, the first possible cause of results that go beyond the merits cannot be used to justify an enhancement.
Nor can it plausibly be argued that plaintiffs' attorneys ought to reap a windfall, and defendants ought to have to pay more in fees than they otherwise should, because of bad lawyering on the defense side. Surely a defendant suffers enough from the additional relief granted against it because of inferior representation without making the defendant pay a surcharge to the other side for the privilege of having been the victim of bad lawyering.
Nor can it be argued, with tongue out of cheek, that fees should be increased to reward plaintiffs' attorneys for being on the side that happens to benefit from bad judging or good luck. That exhausts the possible explanations for excessively favorable results, and none supports awarding an enhancement.

Judge Carnes's opinion also contains some insightful criticism of the sort of expert witness affidavits and expert testimony that plaintiffs' attorneys seeking lodestar enhancements tend to present in support of their requests.

Unfortunately for the appellants, due to the so-called "prior panel precedent rule," Judge Carnes's insights are, at least for the time being, little more than dicta, as the three-judge panel unanimously views itself as bound by earlier Eleventh Circuit precedent to affirm the fee enhancement at issue in the case. It will be interesting to see whether those earlier Eleventh Circuit cases will survive possible en banc and/or U.S. Supreme Court review.
Posted at 12:50 PM by Howard Bashman

Be careful out there, people! Just in time for the July 4th weekend, the U.S. Court of Appeals for the Eighth Circuit today issued a decision in a case that arose after an item of fireworks struck someone in the eye following ignition. The opinion explains that it was a grandson who set off the fireworks, resulting in the injury in question to his grandmother. And, according to the opinion's statement of facts, the accident occurred exactly six years ago today.
Posted at 12:20 PM by Howard Bashman

"Ruling backs Minot train derailment victims; An appeals court frees residents near Minot, N.D., to pursue their damage claims; The railroad's attorney vows to fight": This article appears today in The Minneapolis Star Tribune.

And The Associated Press reports that "Minot derailment victims win 8th Circuit case."

My earlier coverage of yesterday's interesting ruling by a divided three-judge Eighth Circuit panel can be accessed here.
Posted at 10:30 AM by Howard Bashman

"W.Va. Gov. seeks review of $400M DuPont case": The Associated Press provides a report that begins, "Gov. Joe Manchin wants the West Virginia Supreme Court to clarify whether DuPont has the right to be heard as it appeals $196.2 million in punitive damages, about half the amount a jury awarded in a case involving health threats from a former zinc smelting plant. The lead attorney for the plaintiffs on Wednesday called the governor's action unprecedented."
Posted at 09:30 AM by Howard Bashman

"Judge Rejects Bush's View on Wiretaps": Today in The New York Times, Eric Lichtblau has an article that begins, "A federal judge in California said Wednesday that the wiretapping law established by Congress was the 'exclusive' means for the president to eavesdrop on Americans, and he rejected the government's claim that the president's constitutional authority as commander in chief trumped that law."

Today in The San Francisco Chronicle, Bob Egelko reports that "Suit accusing Bush of acting illegally tossed."

The Associated Press reports that "Judge tosses wiretapping lawsuit by Islamic group."

At Wired.com's "Threat Level" blog, David Kravets has a post titled "Pending a Telecom Immunity Vote, Spy Ruling Lacks Muscle."

And at the Electronic Frontier Foundation's web site, Kurt Opsahl has a post titled "Court Holds That FISA Preempts State Secret Privilege; New NSA Spying Decision Undermines Arguments for Telecom Immunity."

You can access yesterday's ruling of the U.S. District Court for the Northern District of California at this link.
Posted at 09:25 AM by Howard Bashman

"Federal court upholds abortion foes' 1st Amendment rights; Activists' right to display a photo of an aborted fetus at a middle school is affirmed": The Los Angeles Times contains this article today.

Today in The San Francisco Chronicle, Bob Egelko reports that "Anti-abortion group wins free-speech ruling."

The Associated Press reports that "Court rules for anti-abortion activists in LA case."

City News Service reports that "Court OKs aborted fetus photos at RPV school."

And at "The School Law Blog" of Education Week, Mark Walsh has a post titled "Why an Anti-Abortion Truck May Be Coming to Your School."

My earlier coverage of yesterday's Ninth Circuit ruling appears at this link.
Posted at 09:15 AM by Howard Bashman

"Warren J. Ferguson, 87; judge on U.S. 9th Circuit Court of Appeals": This obituary appears today in The Los Angeles Times.
Posted at 09:05 AM by Howard Bashman

"Lots of Questions, Little Agreement at D.C. Hearing on Gun Laws": The Washington Post contains this article today.

And today in The New York Sun, Joseph Goldstein reports that "New York Moves To Defend Gun Law."
Posted at 08:54 AM by Howard Bashman

"Assisted Suicide of Healthy 79-Year-Old Renews German Debate on Right to Die": This article appears today in The New York Times.
Posted at 08:42 AM by Howard Bashman

Available online from law.com: Tony Mauro has an article headlined "Next Term: A Fatter, Faster Calendar for Supreme Court; Chief justice is hastening the argument calendar to front-load the 2008-09 term."

And Gina Passarella has an article headlined "Citing District Judge's Actions During Trial, 3rd Circuit Vacates Med-Mal Verdict; Remanding the case to a new judge, the 3rd Circuit calls district court judge 'impatient and dismissive'" in which I am quoted. The article reports on a non-precedential ruling that the U.S. Court of Appeals for the Third Circuit issued last week.
Posted at 08:40 AM by Howard Bashman

"New drive to ban race preferences; Initiatives in three states would prohibit affirmative action in public realms": This article appears today in The Christian Science Monitor.
Posted at 08:32 AM by Howard Bashman

"Justice Dept. Admits Error in Not Briefing Court": Today in The New York Times, Linda Greenhouse has an article that begins, "In a highly unusual admission of error, the Justice Department acknowledged on Wednesday that government lawyers should have known that Congress had recently made the rape of a child a capital offense in the military and should have informed the Supreme Court of that fact while the justices were considering whether death was a constitutional punishment for the crime."
Posted at 08:30 AM by Howard Bashman

"A Supreme Court on the Brink": The New York Times today contains an editorial that begins, "In some ways, the Supreme Court term that just ended seems muddled: disturbing, highly conservative rulings on subjects like voting rights and gun control, along with important defenses of basic liberties in other areas, including the rights of detainees at Guantanamo Bay, Cuba."
Posted at 08:27 AM by Howard Bashman

"High court reins in judges on questioning of witnesses": This article appeared yesterday in The Newark (N.J.) Star-Ledger.

And law.com has a report headlined "N.J. High Court: Judge's Grilling of Defendant on Stand May Have Prejudiced Jury."

You can access Tuesday's ruling of the Supreme Court of New Jersey at this link.
Posted at 08:25 AM by Howard Bashman

"Guantanamo Detainees: shorter wait? Last month's Supreme Court ruling sets new rules for judges examining habeas corpus challenges from detainees." Warren Richey has this article today in The Christian Science Monitor.

And The Wall Street Journal today contains an editorial entitled "The Enemy Detainee Mess."
Posted at 08:20 AM by Howard Bashman

"Defense Lawyers for Accused Courthouse Shooter Want DA's Office Out; Judge turns down request to delay trial": law.com provides this report.

And today's edition of The Atlanta Journal-Constitution contains an article headlined "Brian Nichols: Don't broadcast my sinister beard."
Posted at 08:00 AM by Howard Bashman

"A judge's porn collection: John Stagliano says the uproar of Judge Kozinski's picture collection exposes the public's reluctance to accept human sexuality; Barry McDonald replies that Kozinski did the right thing by recusing himself from an obscenity case." The Los Angeles Times posted this online debate to the newspaper's web site on Tuesday.
Posted at 07:52 AM by Howard Bashman

Wednesday, July 2, 2008

"11th Circuit Sides With National Geographic in Copyright Case; Judges vote 7-5 that freelancers cannot collect royalties from magazine's CD-ROM of its archives": law.com provides this report.

My earlier coverage of Monday's Eleventh Circuit en banc ruling appears at this link.
Posted at 11:55 PM by Howard Bashman

"Bush to Close Guantanamo?" ABC News correspondent Jan Crawford Greenburg has this post at her "Legalities" blog.
Posted at 11:50 PM by Howard Bashman

How should a federal appellate court predict state law -- in the absence of guidance from the State's highest court -- in a State that utilizes regional intermediate appellate courts? When it comes to predicting Florida law in the absence of any definitive ruling from Florida's highest court, the Eleventh Circuit uses an interesting approach, as this decision issued today illustrates.

I would think that it would be better practice for a federal appellate court, when faced with no on-point ruling from a State's highest court and conflicting rulings on the issue from regional state intermediate appellate courts, to predict how the highest state court would rule instead of merely applying the holding of the regional intermediate appellate court that would have decided the appeal had the case been filed in state court.
Posted at 10:40 PM by Howard Bashman

En banc Eleventh Circuit finds itself evenly divided over disposition of Section 2 vote dilution claim from Glades County, Florida: You can access today's order of the en banc U.S. Court of Appeals for the Eleventh Circuit at this link.

The majoriity on a divided three-judge Eleventh Circuit panel, in July 2007, issued this decision reversing the entry of judgment against the plaintiffs. My earlier coverage of that ruling appears here. At that time, Law Professor Rick Hasen, at his "Election Law" blog, predicted that this case could end up before the U.S. Supreme Court. If today's evenly divided en banc result is any indication, Rick's prediction may indeed prove accurate.
Posted at 09:05 PM by Howard Bashman

Exactly what sort of footwear are Teva Sports Sandals? A three-judge panel of the U.S. Court of Appeals for the Federal Circuit considered that question in a ruling issued today.
Posted at 08:30 PM by Howard Bashman

Available from National Review Online: Jonathan H. Adler has an essay entitled "What Happened to the 'Conservative Court'? Lessons learned from another year of the Roberts Court."

Andrew C. McCarthy has an essay entitled "Some Evolution: The fraudulent 'consensus' behind the Supreme Court's child-rape ruling."

Anthony Dick has an essay entitled "Constitutional Torture: Standard judicial malpractice."

Rich Lowry has an essay entitled "America's Worst Justice: Kennedy fashions himself an instructor to the nation; And he is -- in the arbitrary ways of judicial lawlessness."

And Thomas Sowell has an essay entitled "Courting the Future: High stakes."
Posted at 08:24 PM by Howard Bashman

"Young Lawyer Takes Victory Lap After Supreme Court Gun Case Win": Joe Palazzolo has this article online at law.com.
Posted at 08:10 PM by Howard Bashman

"Book Ponders How To End Detainees' Legal Limbo": This audio segment (RealPlayer required) featuring Benjamin Wittes appeared on yesterday's broadcast of NPR's "Morning Edition."

Sunday in The Los Angeles Times, Pulitzer Prize-winning historian David J. Garrow had this review of the book, "Law and the Long War: The Future of Justice in the Age of Terror," by Benjamin Wittes.

And last Saturday in The Wall Street Journal, Gabriel Schoenfeld had this review of the book.
Posted at 08:05 PM by Howard Bashman

"'Thurgood' Plays To Standing Ovations On Broadway": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening's broadcast of NPR's "All Things Considered."
Posted at 07:50 PM by Howard Bashman

"Not Your Father's Court": Today's installment of CBS News legal analyst Andrew Cohen's "CourtWatch" column begins, "The Supreme Court's decisions this past term speak for themselves."
Posted at 03:12 PM by Howard Bashman

"Greenhouse and Fidell's last laugh": Mark Obbie has this post at his "LawBeat" blog.
Posted at 02:10 PM by Howard Bashman

Available online from The Weekly Standard: In the July 7, 2008 issue of that publication, Matthew Continetti has an essay entitled "An Indecent Decision: Justice Kennedy's atrocious child rape ruling."

Erin Sheley has an essay entitled "Dead Men Walking: Why Kennedy v. Louisiana could spell the beginning of the end of the death penalty."

And Hans A. von Spakovsky has an essay entitled "A Priceless Opinion: The Supreme Court strikes down the Millionaire's Amendment."
Posted at 02:02 PM by Howard Bashman

"Minot derailment victims win 8th Circuit case": The Associated Press provides a report that begins, "The 8th U.S. Circuit Court of Appeals has ruled that a federal law change approved in response to a deadly train derailment and chemical spill on the edge of Minot is constitutional. Legislation signed by President Bush last August says people can bring personal-injury lawsuits against railroads in state court under certain circumstances. A federal judge had ruled earlier that the Federal Railroad Safety Act protected Canadian Pacific Railway from such claims stemming from the January 2002 Minot derailment. Congress later changed the law. Canadian Pacific argued the change was unconstitutional."

In January 2008, The Minneapolis Star Tribune published an article about the case headlined "When justice knows no timetable: Nearly six years to the day after a train derailed in Minot, N.D., injuring hundreds in a cloud of anhydrous ammonia, the latest round of a court battle opens for those seeking compensation."

And in July 2007, The Associated Press published an article headlined "Open door for Minot train derailment victims."

You can access today's ruling, by a divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit, at this link.

The case presents an interesting separation of powers issue: may the U.S. Congress retroactively "clarify" federal law to specify an absence of preemptive intent after the question of preemption has already been decided on appeal, U.S. Supreme Court review of the preemption question has been denied, and the underlying claims have been dismissed by a federal district judge on remand from the Eighth Circuit's earlier ruling, which found federal preemption under the Federal Railroad Safety Act. The majority in today's ruling answers "yes." The result is to revive the plaintiffs' claims, the merits of which will now be addressed in state court.
Posted at 01:57 PM by Howard Bashman

"Plaintiffs drove a truck that displayed enlarged, graphic photographs of early-term aborted fetuses around the perimeter of a public middle school in Rancho Palos Verdes, California." So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today.
Posted at 01:37 PM by Howard Bashman

Available online from law.com: Pamela A. MacLean of The National Law Journal has an article headlined "A Tricky Bid for More Federal Judges; Long-shot bill, with caveat, adds 50 to U.S. bench."

Shannon P. Duffy of The Legal Intelligencer has an article headlined "Sources: Senators Agree on New Federal Judges Package." According to this article, the White House plans to withdraw the nomination of U.S. District Judge Gene E.K. Pratter to the U.S. Court of Appeals for the Third Circuit and instead nominate U.S. District Judge Paul S. Diamond to that federal appellate court.
Posted at 10:15 AM by Howard Bashman

In commentary available online from FindLaw: Anthony J. Sebok has an essay entitled "The Lessons of the Supreme Court's Recent Decision Granting a Huge Victory to Exxon in the Exxon Valdez Oil Spill Case."

And Joanne Mariner has an essay entitled "Uighurs at Guantanamo."
Posted at 09:45 AM by Howard Bashman

"In Court Ruling on Executions, a Factual Flaw": Linda Greenhouse has this article today in The New York Times. The article is based on this blog post at "CAAFlog."
Posted at 09:35 AM by Howard Bashman

"The Annotated Bobblehead: Justice Louis D. Brandeis." With thanks to The Green Bag, you can view the Justice Brandeis bobblehead in living color by clicking here.
Posted at 07:45 AM by Howard Bashman

Tuesday, July 1, 2008

"California's death penalty process is 'dysfunctional,' panel finds; The time from sentencing to execution is twice the national average; A state commission says delays undermine the system and recommends more sentences of life without parole instead": Maura Dolan has this article today in The Los Angeles Times.

Today in The San Francisco Chronicle, Bob Egelko reports that "Panel condemns state's death penalty system."

In The San Jose Mercury News, Howard Mintz has an article headlined "Commission: Abolish or limit death penalty; Commission finds problems galore with 'broken system.'"

The Sacramento Bee reports that "Panel finds California death penalty flawed, urges overhaul."

And USA Today reports that "Calif. death penalty system 'dysfunctional.'"

You can access the report, issued yesterday, at this link.
Posted at 10:50 PM by Howard Bashman

"Judge orders individual 9/11 trial hearings": Carol Rosenberg of The Miami Herald has this news update.
Posted at 10:08 PM by Howard Bashman

"The Court vs. Voters": Today in The Washington Post, columnist E.J. Dionne Jr. has an op-ed that begins, "If the long conservative era that began with Ronald Reagan's election is over, will the judges appointed during the right's ascendancy be able to block, frustrate and undermine the efforts of a new progressive majority?"
Posted at 10:04 PM by Howard Bashman

"Gun Bill Provides for Self-Defense; Mendelson Responds to High Court Objection to D.C. Law": The Washington Post contains this article today.
Posted at 09:10 PM by Howard Bashman

"Judges Cite Need for Reliable Evidence To Hold Detainees": This article appears today in The Washington Post.

And The New York Times reports today that "Evidence Faulted in Detainee Case."
Posted at 09:08 PM by Howard Bashman

"Court Dismisses Rendition Suit": The New York Times today conains an article that begins, "A federal appeals court on Monday dismissed a lawsuit filed by a Syrian-born Canadian man who had accused the United States of violating the law and his civil rights after he was detained at Kennedy Airport and sent to Syria under what he claims was an act of 'extraordinary rendition.'"

And today in The New York Sun, Joseph Goldstein reports that "Appeals Court Upholds Dismissal of Torture Case."
Posted at 09:00 PM by Howard Bashman

"Pennsylvania Senate confirms 4 appeals judges": The Associated Press provides this report.
Posted at 03:35 PM by Howard Bashman

"Court tosses $785,000 award over cancer death": The Associated Press provides a report that begins, "A federal appeals court has thrown out a $785,000 jury award to a woman who blamed her mother's cancer death on contamination from a wood treatment plant in Mississippi, one of hundreds of such cases against the facility's owner."

You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 01:58 PM by Howard Bashman

Get your Justice Louis D. Brandeis bobblehead dolls: Subscribers to The Green Bag, on receiving the Spring 2008 issue of that publication, will notice that the journal contains a Justice Louis D. Brandeis bobblehead certificate that can be redeemed for the aforementioned bobblehead doll.

What's more, I just received a mailing from The Green Bag inviting me to attend a reception on the evening of Tuesday, July 22, 2008 at a certain law firm's Washington, DC office for tea, cookies, and the chance to turn a Brandeis bobblehead certificate into a Brandeis bobblehead doll.

Some careful readers of this blog have emailed in recent days asking me to post photos of the Brandeis bobblehead, because due to some amazing bit of luck I happened to receive that very bobblehead doll from The Green Bag on February 5, 2008. A detailed photograph of the Brandeis bobblehead appears on page 282 of the Spring 2008 issue of The Green Bag, so perhaps that publication's editor will be so kind as to email me a PDF of that page so I can post it here.
Posted at 12:14 PM by Howard Bashman

Two rulings of note that the U.S. Court of Appeals for the First Circuit issued yesterday: Don't drive horribly drunk, kill yourself, and then expect your survivors to recover "accidental death" benefits. So holds the majority on a divided three-judge panel in this ERISA ruling issued yesterday.

And in a separate ruling issued yesterday, the First Circuit affirmed the dismissal of a lawsuit alleging fraud and a violation of a consumer protection statute brought by a graduate of the Southern New England School of Law who was not permitted to take the New Jersey bar examination because that law school had failed to achieve American Bar Association accreditation the plaintiff's graduation.
Posted at 11:54 AM by Howard Bashman

Second Circuit affirms a federal district court's order formally reprimanding Cleary Gottleib Steen & Hamilton LLP and ordering that law firm to pay the opposing party $165,000 for the costs of seeking sanctions: Today's Second Circuit ruling issued as a non-precedential decision.
Posted at 10:54 AM by Howard Bashman

"R.I. high court overturns lead paint verdict": The Associated Press provides a report that begins, "The Rhode Island Supreme Court overturned a landmark verdict against three former lead paint companies Tuesday, a major setback for communities that want the companies to decontaminate hundreds of thousands of homes and other buildings."

And The Providence Journal's breaking news blog offers a post titled "Supreme court overturns judgment in lead paint suit."

You can access today's ruling of the Supreme Court of Rhode Island at this link.
Posted at 10:20 AM by Howard Bashman

American Constitution Society now, Federalist Society later: C-SPAN is today offering live coverage as "[t]wo D.C. think tanks review the recent Supreme Court term and its impact on public policy. First, the American Constitution Society looks at both progressive and conservative perspectives of the Court's decisions. Then, the Federalist Society discusses the emerging trends and the future of the Roberts' Court."

You can view the ACS session right now, using either RealPlayer or Windows Media Player. The Federalist Society session (hosted by ABC News correspondent Jan Crawford Greenburg, on her way to hitting the campaign trail) is scheduled to get underway at 12:40 p.m.

Update: The ACS session has ended, but C-SPAN has promptly posted archived video of the session, so you can watch it online, on-demand by clicking here (RealPlayer required).

Second update: The Federalist Society session has ended, but C-SPAN has promptly posted archived video of the session, so you can watch it online, on-demand by clicking here (RealPlayer required).
Posted at 10:14 AM by Howard Bashman

"Supreme Court Gun Ruling and its Impact": You can view this past Saturday's broadcast of C-SPAN's "America and the Courts" program by clicking here (RealPlayer required).

And in the Week in Review section of Sunday's edition of The New York Times, Adam Liptak had an article headlined "Gun Laws and Crime: A Complex Relationship."
Posted at 08:07 AM by Howard Bashman

"Earl Warren's Legacy": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on yesterday evening's broadcast of NPR's "All Things Considered."
Posted at 08:00 AM by Howard Bashman

Available online from law.com: Marcia Coyle has an article headlined "Punitives Take Hit in 'Exxon' Ruling, but How Hard? Supreme Court's decision could have reach beyond sea."

And an article reports that "Foster Care, Court Funding Top the Docket for Fla. High Court's New Chief."
Posted at 07:55 AM by Howard Bashman

Monday, June 30, 2008

Reading Phillies 13, New Britain Rock Cats 8: My son and I traveled to nearby Reading, Pennsylvania this evening to see the Reading Phillies -- the AA Eastern League affiliate of the Philadelphia Phillies -- host the New Britain (Conn.) Rock Cats -- the AA Eastern League Affiliate of the Minnesota Twins.

I originally chose this game because the R-Phils were giving away a Jimmy Rollins MVP Collector's Edition Retro Style Bobble Head.

The game began on a less than pleasant note for the home team as the Rock Cats jumped out to an 8-1 lead with nobody out in the top of the second inning and had a runner on third. The R-Phils placed the call to the bullpen, which miraculously held the Rock Cats scoreless for the rest of the game. Meanwhile, the R-Phils continued to chip away at the lead, narrowing the gap to 8-5 by the end of the third inning and trailing by just one run at the end of the fourth. At the end of the sixth inning, the game was tied. From there, the R-Phils scored another unanswered five runs to win the game 13-8.

According to this wrap of the game, tonight was the biggest comeback win for the Reading Phillies in ten years. Relievers Travis Minix and Josh Outman both turned in impressive performances, allowing starting pitcher Kip Bouknight to avoid the loss despite having given up eight earned runs in one-plus innings.

Meanwhile, the Philadelphia Phillies enter July with only a half-game lead in the National League East. We will next see them play on Sunday against the New York Mets.
Posted at 11:58 PM by Howard Bashman

"Ga. court upholds partial banishment for offenders": The Associated Press provides a report that begins, "Faced with the question of whether banishment for criminals in Georgia should be banned, the state's top court answered Monday with its own caveat: It depends on how far the ban extends."

You can access today's ruling of the Supreme Court of Georgia at this link.
Posted at 04:17 PM by Howard Bashman

"Justice Antonin Scalia: Al Gore to blame for 2000 US election mess." This article appeared last Friday in The Telegraph (UK).
Posted at 04:12 PM by Howard Bashman

By a vote of 7-5, the en banc Eleventh Circuit holds that National Geographic did not infringe the copyrights of a freelance photographer when the publication reproduced within a thirty-disc CD-ROM the print magazine issues that included his photographs: You can access today's ruling of the en banc U.S. Court of Appeals for the Eleventh Circuit at this link.

law.com has recently covered the case in articles headlined "Citing Supreme Court Precedent, 11th Circuit Reverses Major Copyright Ruling; 'Greenberg' and 'Tasini' cases pit publishers against freelance photographers and writers"; "National Geographic Copyright Case Reopens; Full 11th Circuit to consider freelance photographer's back-and-forth dispute with magazine": and "Major Publishers Back National Geographic in Copyright Fight."
Posted at 04:02 PM by Howard Bashman

Ninth Circuit reinstates insider trading claims brought by the Securities and Exchange Commission against a former Fidelity National Financial director alleged to have traded on confidential information about the impending acquisition of LendingTree, Inc.: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 03:11 PM by Howard Bashman

"CCR Files Four New Abu Ghraib Torture Lawsuits Targeting Military Contractors in U.S. Courts": The Center for Constitutional Rights has issued this news release today, linking to the complaints filed today in federal court.

And The Associated Press reports that "Abu Ghraib inmates sue contractors, claim torture."
Posted at 02:28 PM by Howard Bashman

Ostriches and their head: Seventh Circuit Judge Richard A. Posner posted this comment to the "Language Log" blog overnight. For those concerned that the comment may be from a Judge Posner imposter -- fear not, as Judge Posner himself sent me an email overnight proudly claiming responsibility for the comment.

Earlier "How Appealing" posts on this arguably now tedious subject can be accessed here, here, and here.
Posted at 02:22 PM by Howard Bashman

"U.S. Court Upholds Dismissal of Canadian's Suit Over Rendition": Bloomberg News provides a report that begins, "A federal appeals court upheld the dismissal of a lawsuit by a Canadian man who sued the U.S. after he was stopped in a New York airport and forcibly removed to Syria where he was tortured over alleged ties to al-Qaeda."

My earlier coverage of today's Second Circuit ruling appears at this link.
Posted at 02:15 PM by Howard Bashman

"Davis: Leveling rich candidates' speech unjustified." Tony Mauro has this news analysis online at the First Amendment Center.

And The New York Sun today contains this editorial about the ruling.
Posted at 02:07 PM by Howard Bashman

"Individual Rights Make Headway; High-Court Rulings Reject Arguments Tried by Government": Saturday in The Wall Street Journal, Jess Bravin and Gary Fields had an article that begins, "Whether they work in the White House, the Louisiana State Capitol or the District of Columbia's municipal building, elected officials received a refresher course in the limits of their power from the Supreme Court. In the term that finished this week, the justices repeatedly championed individual rights over government arguments that public safety takes precedence, in such disparate areas as gun rights, detention and cruel-and-unusual punishment."

Those lacking a WSJ.com subscription may still access the full text of the article via this link at Google News.
Posted at 12:00 PM by Howard Bashman

D.C. Circuit makes public a redacted version of its recent ruling that overturned the Pentagon's classification of a Guantanamo detainee as an enemy combatant: The redacted ruling, made public today, can be accessed here.

My earlier coverage of the ruling appears at this link.

And The Associated Press reports that "Judges cite nonsense poem in Guantanamo case."

Update: At "SCOTUSblog," Lyle Denniston has a post titled "Circuit Court: No detention based on 'bare assertions.'"
Posted at 11:57 AM by Howard Bashman

"Plaintiff, a dual citizen of Syria and Canada, * * * alleges that he was mistreated by U.S. officials in the United States and removed to Syria with the knowledge or intention that Syrian authorities would interrogate him under torture": So begins the syllabus to today's lengthy ruling of the U.S. Court of Appeals for the Second Circuit in Maher Arar v. John Ashcroft, et al.

By a vote of 2-1, today's ruling affirms a federal district court decision that dismissed the lawsuit. In dissent, Circuit Judge Robert D. Sack explains that he would allow Arar's Bivens-like claims for monetary damages to survive defendants' motions to dismiss.

In early news coverage, Joseph Goldstein of The New York Sun reports that "Court Rules Against Canadian's Torture Suit."
Posted at 10:54 AM by Howard Bashman

"Can California's same-sex marriages be saved? A constitutional ban would also likely doom the unions already on the books." Law Professor Kenji Yoshino has this op-ed today in The Los Angeles Times.
Posted at 10:15 AM by Howard Bashman

"High court's tilt hinges on election's outcome": Yesterday in The San Francisco Chronicle, Bob Egelko had an article that begins, "The final flurry of rulings in the Supreme Court's just-completed term made it clear that the future of the court, and some of its most contentious rulings, rests with voters who will elect a new president in November."
Posted at 10:08 AM by Howard Bashman

"Gun Shops Await New D.C. Rules; Stores Turn Away Buyers After Ruling": The Washington Post contains this article today. The newspaper also contains an editorial entitled "Guns: The Next Step; Congress should let the D.C. Council decide what to do." And columnist Robert D. Novak has an op-ed entitled "Obama's Dodge on Handguns."

Today's edition of The Washington Times contains an article headlined "Gun ruling's impact on election unclear; Little 'political hay,' Norton says."

Joseph Goldstein of The New York Sun reports that "Supreme Court Decision May Permit Felons To Own Guns." The newspaper also contains an editorial entitled "Why Not Here?" And David Kopel has an op-ed entitled "Heller's Kitchen."

And in The Wall Street Journal, Michael R. Bloomberg and Thomas M. Menino have an op-ed entitled "Some Gun Rules We Can All Agree On."
Posted at 09:58 AM by Howard Bashman

"Ethics Expert Stephen Gillers: Judge Kozinski Should Not Be Disciplined." This post appears today at "Patterico's Pontifications."
Posted at 09:48 AM by Howard Bashman

"Beyond Guantanamo: Gaps in the candidates' stances on handling terror suspects." This editorial appears today in The Washington Post.
Posted at 09:40 AM by Howard Bashman

"A Death Penalty Puzzle: The Murky Evidence for and Against Deterrence." Cass R. Sunstein and Justin Wolfers have this op-ed today in The Washington Post.
Posted at 09:38 AM by Howard Bashman

"The Chief Justice, Dylan and the Disappearing Double Negative": Yesterday in the Week in Review section of The New York Times, Adam Liptak had an article that begins, "The last chief justice liked light opera. The new one cites Bob Dylan. Four pages into his dissent on Monday in an achingly boring dispute between pay phone companies and long distance carriers, John G. Roberts Jr., the chief justice of the United States, put a song lyric where the citation to precedent usually goes." Liptak's article proceeds to observe that the quote from Dylan that the Chief Justice used was inaccurate.

A graphic accompanying the article shows the "Most-Cited Rockers in Judicial Opinions."
Posted at 08:40 AM by Howard Bashman

"Common Sense on Punitive Damages": Columnist L. Gordon Crovitz has this op-ed today in The Wall Street Journal.
Posted at 08:32 AM by Howard Bashman

"The Supreme Court's Blockbuster Second Amendment Ruling: What the Court Resolved and What it Left Open." Michael C. Dorf has this essay online at FindLaw.
Posted at 08:03 AM by Howard Bashman

"By a nose: A Rockland County mom draws Khalid Sheikh Mohammed." Ben McGrath has this Talk of the Town item in the July 7, 2008 issue of The New Yorker.
Posted at 08:00 AM by Howard Bashman

"Divided Rulings Thrust U.S. High Court Into Presidential Race": Greg Stohr of Bloomberg News has this report.
Posted at 07:54 AM by Howard Bashman

Sunday, June 29, 2008

"A less deferential high court: Key decisions of this term show a willingness of some justices to reject political leaders' judgments." Warren Richey will have this article Monday in The Christian Science Monitor.
Posted at 11:05 PM by Howard Bashman

"Exxon decision may re-emerge in court contest; Shaw-Paseur race again puts focus on contributors": The Huntsville (Ala.) Times today contains an article that begins, "The source of campaign money could turn out to be an issue in the only state Supreme Court race on the ballot this fall."
Posted at 05:05 PM by Howard Bashman

"Court is ignoring juries: Victims losing 100 percent of appeals? Is the Mississippi Supreme Court a 'rubber stamp' for powerful corporate entities?" Alex A. Alston Jr. has this op-ed today in The Clarion-Ledger of Jackson, Mississippi.
Posted at 05:04 PM by Howard Bashman

"Florida prepares for 1st execution since foul up": The Associated Press provides this report.

And The Palm Beach Post reports that "Execution nears for man who murdered 11-year-old."
Posted at 05:00 PM by Howard Bashman

"The Court's Gay Rights Legacy": Yesterday. Time magazine's web site posted online an article that begins, "Five years ago this week, the United State Supreme Court delivered its most sweeping gay rights decision ever, striking down laws in Texas and other states that had criminalized sex between gays. The court erected a shield of privacy around sexual behavior for all consenting adults, and in doing so paved the way for other milestones in the gay rights legal movement, including judicial victories for gay marriage in Nov. 2003 in Massachusetts and this year in California."
Posted at 04:57 PM by Howard Bashman

"9-0 ruling modernizes defence of fair comment; Controversial radio host Mair didn't defame Christian-values advocate on book-banning, court says, setting terms for 'honest belief'": On Saturday, The Toronto Globe and Mail contained an article that begins, "The media should not live in constant fear of facing a libel suit every time a provocative commentary is published or broadcast, the Supreme Court of Canada said yesterday in a major ruling won by controversial Vancouver radio broadcaster Rafe Mair. In a 9-0 decision that modernizes the defence of fair comment, the court found that Mr. Mair did not defame Christian-values advocate Kari Simpson when he denounced her stand on a book-banning controversy."

Saturday's edition of The Toronto Star reported that "Top court ditches libel case against B.C. 'shock jock'; Decision on boundaries of fair comment will make it easier to engage in freewheeling debate."

The Vancouver Sun reported on Saturday that "Rafe Mair wins libel appeal in Supreme Court; Vancouver radio host compared public figure to Ku Klux Klan."

And The Canadian Press reports that "Supreme Court of Canada raises bar on libel lawsuits, expands fair comment."

You can access Friday's ruling of the Supreme Court of Canada at this link.
Posted at 04:52 PM by Howard Bashman

"The evolving Supreme Court: Despite 5-4 rulings in some key cases, consensus made a comeback this term." The Los Angeles Times contains this editorial today.
Posted at 04:40 PM by Howard Bashman

"Targeting The Supreme Court: How A Libertarian Who's Never Owned A Gun Brought The Decisive Case On The Second Amendment." This segment (transcript with link to video) appeared on today's broadcast of the CBS News program "Sunday Morning."

Today in The Chicago Tribune, columnist Eric Zorn has an op-ed entitled "Court to 2nd Amendment: You clearly need some editing."

And in The Houston Chronicle, Ted Cruz has an op-ed entitled "Supreme Court ruling scored a bull's-eye; Court's finding is true to our founding fathers' original intent."
Posted at 04:32 PM by Howard Bashman

"Fairness of law to be judged; Mandatory sentences: Georgia's Supreme Court will consider proportion." Today in The Atlanta Journal-Constitution, Bill Rankin has an article that begins, "The judge had only one option when he sentenced Cedric Bradshaw: life in prison. Bradshaw had not committed murder, rape or armed robbery. His offense was failing to properly register as a convicted sex offender for a second time -- even though he had repeatedly tried to follow the law."
Posted at 04:30 PM by Howard Bashman

"Wisconsin Supreme Court Justice Ziegler won't recover what she lent campaign": The Milwaukee Journal Sentinel today contains an article that begins, "State Supreme Court Justice Annette Ziegler quietly closed her campaign account last year, a move that that will prevent her from recovering nearly $823,000 she personally lent her campaign. That amount equals more than half the pay she will receive for her entire 10-year term on the court."
Posted at 04:20 PM by Howard Bashman

"In Courts, Afghanistan Air Base May Become Next Guantanamo": This article appears today in The Washington Post.

And The Associated Press reports that "Guantanamo's days numbered, tough choices ahead."
Posted at 04:18 PM by Howard Bashman

"Why dirty is funny: Judge Kozinski's raunch collection raises questions about obscenity and humor." Jim Holt has this op-ed today in The Los Angeles Times.

Based on the manner in which the op-ed is displayed online, apparently an absence of paragraph breaks is also quite humorous. [Update: Since the time this post first appeared, paragraph breaks have been added to the online version of this op-ed.]
Posted at 12:10 PM by Howard Bashman

"A Win by McCain Could Push a Split Court to Right": Robert Barnes has this front page article today in The Washington Post.

And today in The Los Angeles Times, David G. Savage has an article headlined "Supreme Court blocs rarely wavered; The ideological divide was so evident this term that outcomes in most major cases could be nearly predicted; Once again, Justice Kennedy often cast the deciding vote in 5-4 decisions."
Posted at 12:07 PM by Howard Bashman

Off with their head[s]: At the "Language Log" blog, Linguistics Professor Mark Liberman today has this lengthy, well-supported, and multi-colored post evaluating Seventh Circuit Judge Richard A. Posner's use of the word "head" instead of "heads" in the following passage from that court's recent ruling in United States v. Black:

The reference of course is to the legend that ostriches when frightened bury their head in the sand.

Noting my earlier comment (in an update to this post) that Judge Posner should have used the plural "heads" in the quoted sentence, Professor Liberman writes that "In this case, my own intuitions are on Mr. Bashman's side." Professor Liberman then proceeds to review an impressive amount of empirical data showing how other speakers and writers have used "head" or "heads" in this context. The vast preponderance of this evidence, it seems, confirms Professor Liberman (and my) intuitions.

I was planning to allow Judge Posner to have essentially the last word on this matter, but I cannot allow readers of this blog to overlook Professor Liberman's scholarly and lengthy (weighing in at more than 1,600 words) post on the topic.
Posted at 09:15 AM by Howard Bashman

Saturday, June 28, 2008

"Supreme Court Ends Term with Tough Decisions": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Weekend Edition Saturday."
Posted at 07:48 PM by Howard Bashman

"In a Complicated Term, Kennedy Left Boldest Mark": Linda Greenhouse will have this article Sunday in The New York Times.
Posted at 07:40 PM by Howard Bashman

"Roberts' record on high court defies '05 pledges of centrism": James Oliphant will have this article Sunday in The Chicago Tribune.

Mark Sherman of The Associated Press has an article headlined "Court, long quiet, ends term with a growl."

James Vicini of Reuters has an article headlined "US Supreme Court: Bush gun rights win, Guantanamo loss."

law.com's Tony Mauro has an article headlined "Despite June Fireworks, a Calmer Supreme Court Term." law.com also reports that "9th Circuit Racks Up Usual High Reversal Rate in Supreme Court Term; Even conservative Judge Pamela Rymer paid a price for hewing closely to precedent."

Bill Mears of CNN.com reports that "Justices' term ends on a less-contentious note."

And Mark H. Anderson of Dow Jones Newswires reports that "Supreme Court Term Is Mixed For Business, But Wins Were Big."

Update: In a post you can access here, Law Professor Eugene Volokh takes issue with the premise of The Chicago Tribune article.
Posted at 10:30 AM by Howard Bashman

"Supreme Court refuses to hear insurance case; Widow denied $426,000 over switch in spouse's company policy": The Houston Chronicle contains this article today.
Posted at 10:24 AM by Howard Bashman

"New Chief Justice Quince becomes first black woman to head branch of state in Florida; She vows to continue push for reform of criminal-justice system": This article appears today in The Tallahassee Democrat.

The Orlando Sentinel reports today that "New Florida Supreme Court Chief Justice Peggy Quince makes history."

The Associated Press reports that "Florida gets 1st black woman chief justice."

And The St. Petersburg Times contains an editorial entitled "Chief Justice Quince makes history at tough time for Florida high court."
Posted at 10:22 AM by Howard Bashman

"Supreme Court gun ruling leaves questions: How far does the constitutional right to gun ownership extend? Is the right fundamental -- generally not subject to government rules? Or can it be strictly regulated?" David G. Savage has this article today in The Los Angeles Times.

The Washington Post reports today that "Council Considering Gun Law Changes; City Responds to High Court Ruling."

The New York Times reports that "Challenges to Bans on Handguns Begin."

In The San Francisco Chronicle, Bob Egelko and Cecilia M. Vega report that "NRA sues S.F. over guns in public housing."

In The San Jose Mercury News, Howard Mintz reports that "NRA takes on San Francisco law; City vows fight to uphold gun ban in public housing."

The Chicago Tribune reports that "NRA sues Chicago, 3 suburbs to repeal their firearms bans."

And The Chicago Sun-Times reports that "Jackson slams gun ruling, vows new effort."
Posted at 10:18 AM by Howard Bashman

Friday, June 27, 2008

"U.S. Supreme Court: Landmark Decisions of the 2007-08 Term." The Brookings Institution hosted this program today, featuring Benjamin Wittes, Stuart Taylor, Jr., Miguel A. Estrada, and Randolph D. Moss. C-SPAN has posted the video online at this link (RealPlayer required).
Posted at 07:50 PM by Howard Bashman

"Police officers of the City of Grass Valley, California, arrested plaintiff-appellant Matthew Fogel and impounded his van because of messages painted on the back of the vehicle." So begins an opinion that the U.S. Court of Appeals for the Ninth Circuit issued today. The opinion goes on to explain that before Fogel was allowed to retrieve the van, he was required to paint over the messages so that they could no longer be read.
Posted at 06:15 PM by Howard Bashman

"U.S. Settles Scientist's Lawsuit in Anthrax Scare for $5.85 Million": The Washington Post has a news update that begins, "The Justice Department signed a $5.85 million settlement today with Steven J. Hatfill, the former Defense Department scientist who sued the government five years ago over the disclosure of his name in connection with a nationwide anthrax scare."

And The Associated Press has a report headlined "$5.8 million for scientist in anthrax lawsuit."
Posted at 05:45 PM by Howard Bashman

"Bin Laden's driver keeps July 21 trial date": Carol Rosenberg of The Miami Herald has a news update that begins, "A military judge has refused to delay the midsummer trial of Osama bin Laden's driver at Guantanamo Bay, Cuba, saying lawyers had sufficient time to review a recent Supreme Court decision. Navy Capt. Keith Allred wrote in a decision released by the Pentagon Friday that the trial of Salim Hamdan, a Yemeni, would open at the remote base on July 21, as scheduled."

And The Associated Press reports that "Judge sees no reason to delay Guantanamo trial."

You can access yesterday's ruling at this link.
Posted at 02:55 PM by Howard Bashman

Second Circuit affirms federal death sentence imposed by the U.S. District Court for the District of Vermont on Donald Fell for murder in the course of a carjacking: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.

The Associated Press reports that "NY appeals court upholds death penalty verdict."
Posted at 02:50 PM by Howard Bashman

Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction has no duty under the Federal Advisory Committee Act to make certain of its records publicly available, D.C. Circuit holds: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.

You can learn more about the Commission at this link, and you can access the unclassified version of the Commission's report, issued in 2005, via this link. It is interesting to note that Senior D.C. Circuit Judge Laurence H. Silberman served as co-chairman of the Commission.
Posted at 02:11 PM by Howard Bashman

"Appeals court upholds FCC on cable rules": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:55 PM by Howard Bashman

En banc Eighth Circuit vacates preliminary injunction that prevented the 2005 version of South Dakota's statute regulating informed consent to abortion from becoming effective: You can access today's en banc ruling of the U.S. Court of Appeals for the Eighth Circuit at this link. Of the eleven judges who took part in the ruling, seven voted to overturn the preliminary injunction, while four voted to uphold it.

And in early news coverage, The Associated Press reports that "Appeals court overturns injunction on abortion law." The AP's article begins, "A federal appeals court has overturned a lower court order that had blocked enforcement of a South Dakota law that would require doctors to tell women seeking abortions that the procedure ends a human life."
Posted at 01:50 PM by Howard Bashman

"Justices add 2 cases to docket, break for summer": Pete Yost of The Associated Press has this report.
Posted at 01:27 PM by Howard Bashman

"Court grants 2 more cases": Lyle Denniston has this post at "SCOTUSblog."

You can access today's Order List of the U.S. Supreme Court at this link.
Posted at 10:42 AM by Howard Bashman

"O.C. judge plans to appeal ouster; Judge Kelly MacEachern committed 'willful misconduct' by filing false and misleading expense claims, a state commission finds": The Orange County Register contains this article today.

And The Los Angeles Times reports today that "Orange County judge is removed from bench; Kelly MacEachern is removed from her duties in Newport Beach after a judicial commission finds that she filed false expense claims for a legal conference; She plans to appeal."

You can access yesterday's decision of the California Commission on Judicial Performance at this link, while additional case related documents can be accessed via this link.
Posted at 10:37 AM by Howard Bashman

"Supreme Court deals blow to states on electricity; California had hoped to renegotiate some long-term contracts signed during the 2000-01 crisis": This article appears today in The Los Angeles Times.

And The San Diego Union-Tribune reports today that "High court deflects reopening of power contracts."
Posted at 10:33 AM by Howard Bashman

"Landmark Ruling Enshrines Right to Own Guns": Linda Greenhouse has this article today in The New York Times. In addition, Adam Liptak has a news analysis headlined "After Ruling, Expect Court Fights on Guns in Cities." An article reports that "Gun-Control Supporters Show Outrage." And an editorial is entitled "Lock and Load."

Today in The Washington Post, Robert Barnes has a front page article headlined "Justices Reject D.C. Ban On Handgun Ownership; 5-4 Ruling Finds 1976 Law Incompatible With Second Amendment." The newspaper also contains articles headlined "Historic Decision Renews Old Debate"; "D.C. Views Shaped by A History Of Violence"; and "D.C. Government Faces a New Reality." An editorial is entitled "Handguns Supreme: Despite the high court's misguided ruling, the District may still have some options." Columnist Eugene Robinson has an op-ed entitled "Deadly Consequences -- But the Right Call." Columnist E.J. Dionne Jr. has an op-ed entitled "The D.C. Handgun Ruling; Originalism Goes Out the Window." And Monica Hesse has an essay entitled "The Supremes Make a Mean 'To Duel' List."

In The Los Angeles Times, David G. Savage reports that "Supreme Court affirms gun rights; In a historic 5-4 ruling, the justices say the 2nd Amendment protects individuals' right to bear arms." Maura Dolan has an article headlined "Gun advocates' other weapon: lawsuits; On the heels of the Supreme Court ruling, the NRA and other groups prepare to challenge gun laws in California and other states." And an article reports that "Cheers, fears meet Supreme Court gun ruling; The taxidermist, the architect, the mother who lost two children to violence -- they all see the Supreme Court decision differently." An editorial is entitled "Guns, yes and no: Individuals have a right to own firearms, the Supreme Court rules; But there can still be limits." Law Professor Erwin Chemerinsky has an op-ed entitled "Judicial activism by conservatives; The high court's 2nd Amendment opinion makes the majority's agenda clear." And Brian Doherty has an op-ed entitled "The gun-rights fight isn't over; Self-defense is upheld, but control advocates aren't done by a long shot."

In USA Today, Joan Biskupic and Kevin Johnson have a front page article headlined "Landmark ruling ignites challenges to firearms laws; The Supreme Court says individuals have a right to guns, but many questions remain." The newspaper also contains an editorial entitled "Ruling reflects America's ambivalence on guns; Court strikes a balance between ownership, reasonable restrictions."

In The Wall Street Journal, Jess Bravin and Susan Davis have a front page article headlined "In a First, High Court Affirms Gun Rights." The newspaper also contains an editorial entitled "Silver Bullet." And Law Professor Randy E. Barnett has an op-ed entitled "News Flash: The Constitution Means What It Says."

law.com's Tony Mauro reports that "Supreme Court Strikes Down D.C. Gun Ban."

The Washington Times contains articles headlined "D.C. gun ban struck down; Ruling lays out rights of individual"; "Justice Kennedy casts decisive vote"; "Officials upset by court decision; Vow to create strict new rules"; "Gun ruling galvanizes groups; NRA to target other city laws; foes vow to boost resistance"; "Neighbors doubtful violence will change"; "Candidates differ on overturned gun ban; McCain backs 'victory'; Obama stakes out middle ground"; and "Gun control in most countries more stringent than in U.S." The newspaper also contains an editorial entitled "The gun ban ends." And Wesley Pruden has an op-ed entitled "The Court defers to plain language."

In The Chicago Tribune, James Oliphant and Jeff Coen report that "Daley vows to fight for Chicago's gun ban; High court throws out D.C. law."

In The San Francisco Chronicle, Bob Egelko has an article headlined "A right to own guns: Supreme Court defines 2nd Amendment -- gun lobby expected to challenge S.F. ban on handgun possession in public housing."

And in The New York Sun, Joseph Goldstein reports that "After Supreme Court Ruling, N.Y. Gun Laws Eyed." The newspaper also contains an article headlined "Bloomberg Sees Benefit in Guns Decision." And an editorial is entitled "1, 2, 14."
Posted at 09:30 AM by Howard Bashman

"Supreme Court Strikes Down 'Millionaire's Amendment'": Adam Liptak has this article today in The New York Times.

Today in The Washington Post, Matthew Mosk and Robert Barnes have an article headlined "High Court Deals Blow To Campaign Finance Law; 'Millionaire's Amendment' Is Ruled Unconstitutional."

The Los Angeles Times reports that "Supreme Court rejects 'millionaire's amendment' to campaign finance reform; It rules that allowing federal office-seekers to exceed normal contribution limits when their opponents are wealthy violates the 1st Amendment."

In The New York Sun, Josh Gerstein reports that "Court Shakes Up Campaign-Finance Law; Decision Likely To Undermine Political Viability of Public Financing." In addition, John Samples and Ilya Shapiro have an op-ed entitled "Let Millionaires Spend."

And USA Today reports that "High court strikes down law on self-financing of campaigns."
Posted at 09:15 AM by Howard Bashman

Joan Biskupic of USA Today is reporting: In today's newspaper, she has articles headlined "Just-completed term marked by paradox; Although some decisions were unanimous, justices divided 5-4 on a number of the most prominent cases" and "Pen in hand, Scalia leaves his mark."
Posted at 08:54 AM by Howard Bashman

Available online from law.com: An article headlined "Court Rejects Suit by Woman Who Said She Had Sex With Rabbi to Find Husband" begins, "New York's highest court on Wednesday upheld the dismissal of claims brought by a woman who had sued her Rockland County, N.Y., rabbi for abusing his position by allegedly persuading her to have sex with him to help her find a husband." You can access Wednesday's ruling of the New York State Court of Appeals at this link.

Shannon P. Duffy has an article headlined "3rd Circuit: Class Action No Cure for Uninsured Patient's Bill." You can access Tuesday's ruling of the U.S. Court of Appeals for the Third Circuit at this link.

And an article is headlined "Want to Sue Coke Zero? Think Again; Diet drink, which urged mock suits in ad campaign, brings action against bottled water firm that threatened trademark litigation."
Posted at 08:45 AM by Howard Bashman

Available online from the PBS program "The NewsHour with Jim Lehrer": Yesterday's broadcast contained segments entitled "In Landmark Ruling, Divided High Court Strikes Down Gun Ban" (featuring Marcia Coyle) and "Attorneys Debate Effects of Gun Ban Override" (featuring R. Ted Cruz and Peter Nickles) (transcripts with links to audio).

And Wednesday's broadcast contained a segment entitled "High Court Cuts Damages in Exxon Valdez Oil Spill" (transcript with links to audio and video).
Posted at 08:32 AM by Howard Bashman

Access audio from the public radio program "Here and Now": Yesterday's broadcast contained an audio segment entitled "Supreme Court Rejects Gun Ban" featuring, among others, Lyle Denniston, Law Professor Jonathan Turley, and Robert Levy.

And Wednesday's broadcast contained an audio segment entitled "Supreme Court Decisions: Exxon-Valdez and Child Rape" featuring Lyle Denniston.

RealAudio is required to launch these audio segments.
Posted at 08:25 AM by Howard Bashman

Available online from National Public Radio: Today's broadcast of "Morning Edition" contained audio segments entitled "Gun Ruling Reverberates with Politicians, Police" (featuring Nina Totenberg); "Handgun Owners Praise High Court's Ruling"; and "Presidential Candidates Weigh In on Gun Rights."

Yesterday evening's broadcast of "All Things Considered" contained audio segments entitled "Supreme Court Strikes Down D.C. Handgun Ban" (featuring Nina Totenberg); "D.C. Mayor: Court Ruling May Mean More Violence": and "L.A. Police Chief: Gun Limits Help Keep Crime Down."

Yesterday's broadcast of "Day to Day" contained audio segments entitled "Supreme Court Strikes Down D.C. Handgun Ban" (featuring Dahlia Lithwick) and "What D.C. Ban Means for Other Cities."

And yesterday's broadcast of "Morning Edition" contained audio segments entitled "Justices to Rule on Individuals' Right to Own a Gun" (featuring Nina Totenberg); "Supreme Court: Gun Ownership an Individual Right" (also featuring Nina Totenberg); "Justices: Gun Right Guaranteed to Individuals"; and "Exxon Ruling Disappoints Villagers in Alaska."

RealPlayer is required to launch these audio segments.
Posted at 08:02 AM by Howard Bashman

Available online from Bloomberg News: Greg Stohr has an article headlined "Kennedy Rules; Supreme Court Strikes Down Handgun Ban."

And columnist Ann Woolner has an essay entitled "Supreme Activists Toss Rape, Gun, Campaign Laws."
Posted at 07:54 AM by Howard Bashman

Thursday, June 26, 2008

"Justices Rule for Individual Gun Rights": Linda Greenhouse of The New York Times has this news update.
Posted at 09:27 PM by Howard Bashman

"Court denies Gatlin's appeal on Olympic trials": The Associated Press provides a report that begins, "A federal court has denied sprinter Justin Gatlin's appeal to run in the U.S. Olympic track trials this weekend. The 11th U.S. Circuit Court of Appeals said Thursday that Gatlin has not shown he meets the 'applicable standard for such an injunction.'"
Posted at 06:14 PM by Howard Bashman

And speaking of singular versus plural: Late last night, in response to the update to this post of mine from yesterday, I received the following email from Seventh Circuit Judge Richard A. Posner:

Dear Prof. Bashman, to say "ostriches hide their heads in the sand" would imply that each ostrich had more than one head.
Richard Posner
P.S. And yes, canards fly--glad you caught the pun.

Of course, it could be said that Judge Posner's sentence, which states that "The reference of course is to the legend that ostriches when frightened bury their head in the sand," implies that multiple ostriches share a single head, just as some conjoined twins sometimes share a single bodily organ. One solution is to rewrite the sentence in the singular, although that might require assigning a gender to the ostrich in question or using the "his or her" construct.
Posted at 04:55 PM by Howard Bashman

There are two side to every story: Now that the U.S. Supreme Court has completely corrected the typos contained in the original version of District of Columbia v. Heller, No. 07-290, that were noted in this earlier post, a different reader emails:

Here's another one for you to bring to the Court's attention: On page 49 of the majority writing, line 9, it quotes the Stevens dissent as "on both side of the issue"; page 4 of the dissent (line 2 of first full paragraph) actually says "sides".
Thanks for your great blog that keeps all of us so well informed!

The passage in question from Justice John Paul Stevens' dissent that is slightly misquoted in Justice Antonin Scalia's majority opinion actually states, "Even if the textual and historical arguments on both sides of the issue were evenly balanced, respect for the well-settled views of all of our predecessors on this Court, and for the rule of law itself, see Mitchell v. W. T. Grant Co., 416 U. S. 600, 636 (1974) (Stewart, J., dissenting), would prevent most jurists from endorsing such a dramatic upheaval in the law."
Posted at 04:45 PM by Howard Bashman

Seventh Circuit reverses a federal district court's class certification in lawsuit challenging traveler watch lists maintained by the Department of Homeland Security: In today's unanimous opinion on behalf of a three-judge panel, Chief Judge Frank H. Easterbrook observes that "[t]he classes certified in this case are equivalent to a class of 'all persons in the United States who have been, or ever will be, stopped without probable cause' certified in an effort to take control of how the police investigate crime and make arrests."
Posted at 04:35 PM by Howard Bashman

Once again, it all depends on what the meaning of "is" is: The majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit today issued a decision that begins, "This appeal presents the single, seemingly straightforward question whether the word 'is' really means 'is,' at least as that word is employed in 25 U.S.C. sec. 81." An arguably related YouTube clip can be accessed here.
Posted at 04:15 PM by Howard Bashman

"Court of Appeals Mourns Passing of Senior Circuit Judge Warren J. Ferguson": The U.S. Court of Appeals for the Ninth Circuit issued this news release today. As noted in his Federal Judicial Center biography, he joined the Ninth Circuit in 1979.
Posted at 04:05 PM by Howard Bashman

"This case requires us to consider whether Comcast may be taxed as a telephone business when providing Internet service." In a ruling issued today, a unanimous Washington State Supreme Court answers "no."
Posted at 03:10 PM by Howard Bashman

"Supreme Court asserts broad gun rights; The historic 5 to 4 ruling says the right to bear arms applies to individuals": Warren Richey will have this article Friday in The Christian Science Monitor.
Posted at 03:05 PM by Howard Bashman

"Supreme Court strikes down 'millionaires amendment'": Michael Doyle of McClatchy Newspapers has this report.

And at his "Election Law Blog," Law Professor Rick Hasen has a post titled "Initial Thoughts on FEC v. Davis: The Court Primes the Pump for Striking Down Corporate and Union Campaign Spending Limits and Blows a Hole in Effective Public Financing Plans."
Posted at 01:24 PM by Howard Bashman

"Supreme Court: Scalia and Stevens Duke It Out." At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "It was an extraordinary 23-minute-long scene at the Supreme Court this morning as Justice Antonin Scalia read from his majority opinion in D.C. v. Heller and then Justice John Paul Stevens read from his unusually pointed dissent."
Posted at 01:22 PM by Howard Bashman

"Supreme Court rules in favor of individuals' 2nd Amendment gun rights; Striking down part of a handgun ban in Washington, D.C., the 5-4 decision is the first in the court's history to void a gun law based on the 2nd Amendment; Dissenters predict an influx of lawsuits": David G. Savage of The Los Angeles Times has this news update.

Michael Doyle of McClatchy Newspapers reports that "Supreme Court shoots down D.C. gun ban."

And Bill Mears of CNN.com reports that "High court strikes down gun ban."
Posted at 01:18 PM by Howard Bashman

"Supreme Court Strikes Down D.C. Ban on Handguns": Robert Barnes of The Washington Post has this news update.

Greg Stohr of Bloomberg News reports that "Individual Gun Rights Protected, Top U.S. Court Says."

And James Vicini of Reuters reports that "US top court finds individual right to own guns."
Posted at 12:05 PM by Howard Bashman

Don't "dissemble" on guns: Today's Second Amendment ruling of the U.S. Supreme Court in District of Columbia v. Heller, No. 07-290, was eagerly awaited and certainly will be closely scrutinized over the days, weeks, months, and years to come.

And the close scrutiny has already begun, as a reader emails to note a typo found on the very first page of Justice Antonin Scalia's majority opinion:

Not for attribution, but because you get results...
In the first paragraph of his opinion (after the intro), Justice Scalia quotes one of the relevant DC statutes as saying that long guns must be kept "unloaded and dissembled...." The correct word is "disassembled" (I checked the statute); "dissemble" means to mislead or put on a false appearance.

Thanks to this reader for drawing this to my attention. If there's a lesson here, it's that just because text appears in an opinion or brief between quotation marks doesn't mean that the text shouldn't be double-checked for accuracy. And kudos to the author of the opinion's syllabus for preserving the same typo there, in the very first sentence.

By contrast, on page 12 of his dissenting opinion, Justice Stephen G. Breyer correctly quotes the "unloaded and disassembled" language actually found in the statute. Finally, and in his defense, Justice Scalia correctly quotes that language from the D.C. statute on page 58 of the majority opinion.

Update: The Court has corrected the typo on page 1 of Justice Scalia's majority opinion, although the typo remains for the time being in the syllabus. The original version of Justice Scalia's majority opinion, containing the typo, can be accessed here.
Posted at 11:50 AM by Howard Bashman

Today's rulings of the U.S. Supreme Court in the final three undecided argued cases from this Term: "SCOTUSblog" is live-blogging this morning's developments in a post you can access here.

1. Today's first ruling issued in Davis v. Federal Election Comm'n, No. 07-320. Justice Samuel A. Alito, Jr. delivered the opinion of the Court. You can access the opinion at this link and the oral argument transcript at this link.

2. Today's second ruling issued in Morgan Stanley Capital Group Inc. v. Public Utility Distr. No. 1 of Snohomish Cty., No. 06-1457. You can access the opinion at this link and the oral argument transcript at this link. Justice Antonin Scalia delivered the opinion of the Court. This means that either he, Justice John Paul Stevens, or the Chief Justice is the author of the Court's only remaining decision, involving the Second Amendment.

3. Today's third and final ruling issued in District of Columbia v. Heller, No. 07-290. The Court has affirmed the D.C. Circuit's ruling, which invalidated the District of Columbia's gun ban under an individual rights view of the Second Amendment. Justice Scalia delivered the opinion of the Court, which decided the case by a 5-4 margin. Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer joined in lengthy dissents that both Justice Stevens and Justice Breyer wrote. You can access the opinion at this link and the oral argument transcript at this link. Justice Scalia's majority opinion contains citations to three articles about the Second Amendment written by Law Professor Eugene Volokh, whose blog you can access here.

In early news coverage, The Associated Press reports that "Court rules in favor of Second Amendment gun right" and "Supreme Court strikes down 'millionaire's amendment'."

And at "SCOTUSblog," Lyle Denniston has a post titled "Court: A constitutional right to a gun."
Posted at 10:01 AM by Howard Bashman

"Judge rejects court order to improve VA's treatment for post-traumatic stress disorder; Despite 'significant' delays, inadequate care or benefits for veterans was not done systematically, he rules; An appeal is planned": The Los Angeles Times today contains an article that begins, "A federal judge in San Francisco ruled Wednesday that although the Department of Veterans Affairs might have provided inadequate care or benefits to some veterans with post-traumatic stress disorder, the department had not done so systematically."

And today in The San Francisco Chronicle, Bob Egelko reports that "Judge rules court won't step in to aid vets."

Yesterday, the U.S. District Court for the Northern District of California issued this decision and this judgment in the case.
Posted at 09:57 AM by Howard Bashman

"Supreme Court overturns L.A. murder conviction; Justices' 6-3 ruling in a domestic violence case makes it more difficult for prosecutors to use victims' previous statements to police": David G. Savage has this article today in The Los Angeles Times.

The Washington Post reports today that "Right to Face Accusers Is Affirmed in Unusual Case; Witness Was Murder Victim."

And The Mobile Press-Register reports that "Decision could affect local case; Defendant's right to confront accuser in court may have some bearing in sex abuse trial."
Posted at 09:42 AM by Howard Bashman

"High Court To Announce Ruling on D.C. Gun Ban": The Washington Post today contains an article that begins, "With its term coming to an end, the U.S. Supreme Court this morning is expected to issue its ruling on the District's handgun-ownership ban in a case that could result in a landmark interpretation of the Second Amendment."

And The Associated Press reports that "Supreme Court to issue decision on D.C. gun case."

Stay tuned for complete coverage of today's U.S. Supreme Court rulings in the final three undecided argued cases from this Term. The Court will begin announcing its rulings on these cases at 10 a.m. eastern time today.
Posted at 09:20 AM by Howard Bashman

"Damages Cut Against Exxon in Valdez Case": Adam Liptak has this front page article today in The New York Times. The newspaper also contains an article headlined "In Alaska, Rage and Sorrow Over Decision."

Today in The Washington Post, Robert Barnes has a front page article headlined "Justices Slash Damages for Exxon Oil Spill."

In The Los Angeles Times, David G. Savage reports that "Supreme Court greatly reduces damages in Exxon Valdez spill; The oil giant must pay $507 million -- about one-tenth of the original jury award -- to punish it for recklessly putting a known alcoholic in charge of the supertanker in Alaska." The newspaper also contains an article headlined "Valdez ruling pains many in Cordova, Alaska; The reduction in punitive damages means fewer people in the fishing village will be able to retire or stave off bankruptcy."

In USA Today, Joan Biskupic reports that "5-3 ruling slashes $2.5B penalty in Exxon Valdez case; Majority: Punitive fine shouldn't top actual damages."

In The Wall Street Journal, Russell Gold and Jess Bravin have a front page article headlined "Exxon Oil-Spill Damages Slashed by Supreme Court; Decision Could Shape How Punitive Awards Are Calculated."

The Anchorage Daily News contains articles headlined "Exxon Valdez: 'This is it; it's done'"; "Plaintiffs react to Exxon decision"; "Decision torments Cordova fishermen"; "Alaskans less than happy; At least, some say, the stress of waiting is over": and "Even Exxon gets chunk of money; A side deal lets the oil company benefit along with fishermen, communities, lawyers." The newspaper also contains an editorial entitled "Exxon verdict: Supreme Court makes life easier for corporate wrong-doers."

The Seattle Times reports that "Supreme Court drastically cuts payouts for plaintiffs in Exxon Valdez oil spill."

The Seattle Post-Intelligencer reports that "Exxon damages slashed; West Coast fishermen devastated by high court's oil spill ruling."

The Oregonian reports that "Exxon Valdez ruling cuts payment to Oregon fishermen; Supreme Court slashes punitive damages tenfold, to $500 million."

In The San Francisco Chronicle, Bob Egelko reports that "Ruling cuts Exxon spill victims' payout again."

And law.com's Tony Mauro reports that "Supreme Court Reduces Damages Awarded in Exxon Case."
Posted at 09:03 AM by Howard Bashman

"Justices Bar Death Penalty for the Rape of a Child": Linda Greenhouse has this article today in The New York Times. The newspaper also contains an editorial entitled "Anger and Restraint."

Today in The Washington Post, Robert Barnes has a front page article headlined "High Court Rejects Death For Child Rape; Penalty Reserved for Murder And Crimes Against State."

In USA Today, Joan Biskupic reports that "Justices reject death penalty for child rapists; Court limits use of capital punishment." The newspaper also contains an editorial entitled "Child rapist escapes death but not tough justice."

In The Chicago Tribune, James Oliphant reports that "Court curbs death penalty; Justices rule 5-4 that child rape is not capital crime."

The Washington Times reports that "Louisiana vows to nullify child-rape ruling; Justices deem death penalty too harsh for crime."

law.com's Tony Mauro reports that "Justices Reject Death Penalty for Child Rapists."

The Times-Picayune of New Orleans contains an article headlined "No death for child rapists, court says; Sentence overturned for Harvey man."

The Advocate of Baton Rouge, Louisiana reports that "High court rules out death for child rape."

The Austin American-Statesman reports that "Court ruling weakens child-rape law in Texas; Death penalty provision in so-called Jessica's Law is erased."

The Dallas Morning News reports that "Supreme Court tosses out death penalty for child rapists."

The Fort Worth Star-Telegram reports that "States can't give death penaly for child rape."

The San Antonio Express-News reports that "High court rules child rapists can't be executed."

The Houston Chronicle reports that "Most aspects of Jessica's Law are untouched."

The Oklahoman reports that "Rape ruling may nullify state's law."

The Los Angeles Times contains an editorial entitled "No death penalty for child rape: The Supreme Court made the right decision by rejecting execution for nonlethal crimes."

And The New York Sun contains an editorial entitled "Kennedy v. Louisiana."
Posted at 08:32 AM by Howard Bashman

"Bush Misread War-Powers Cases": Today in The Wall Street Journal, Jess Bravin has an article that begins, "At the Supreme Court, it has become a biennial ritual: The Bush administration loses a major war-powers case. In 2004, 2006 and again this month, the justices rejected the president's claim that he can effectively do as he wishes with prisoners he designates as 'enemy combatants.' With the third and most-recent rebuke, it has become clear that the president's counterterrorism strategy rested on a critical legal miscalculation."

You can freely access this article, without a subscription to WSJ.com, by searching Google News for "Jess Bravin."
Posted at 08:22 AM by Howard Bashman

"Exxon, Medtronic Win in Business-Friendly Supreme Court Term": Greg Stohr of Bloomberg News has this report.
Posted at 08:15 AM by Howard Bashman

"Cleary Seeks Vindication in Appeal on Sanctions": Online at law.com, you can access an article that begins, "It was a matter of honor that brought Cleary Gottlieb Steen & Hamilton to the 2nd U.S. Circuit Court of Appeals Wednesday morning. Lawyers from the firm, led by managing partner Mark Walker, filled many of the gallery seats in the ceremonial courtroom of the Daniel Patrick Moynihan U.S. Courthouse."
Posted at 08:14 AM by Howard Bashman

"Customs Agents Copy Travelers' Laptop, Phone Data; 'It Is Clear Most People Regard This as a Serious Privacy Invasion'": Today in The New York Sun, Josh Gerstein has an article that begins, "Americans coming home from business trips or vacations abroad are unwittingly offering the federal government a valuable souvenir: a copy of all the data on their laptops, digital cameras, and cell phones."

Today in The Los Angeles Times, Jim Puzzanghera reports that "Laptop seizures at customs raise outcry; Complaints from travelers and privacy advocates have spurred lawmakers to challenge the policy of random inspections."

And McClatchy Newspapers report that "U.S. border agents copying contents of travelers' laptops."
Posted at 08:11 AM by Howard Bashman

"The Virginia Supreme Court Enforces Vermont's Custody and Visitation Order Regarding a Same-Sex Couple's Child: Why an Anti-Same-Sex-Marriage State Recognized a Same-Sex Union For This Purpose." Joanna Grossman has this essay online at FindLaw.
Posted at 07:52 AM by Howard Bashman

Wednesday, June 25, 2008

On this evening's broadcast of NPR's "All Things Considered": The broadcast contained audio segments entitled "High Court Rejects Death Penalty for Child Rape" (featuring Nina Totenberg) and "Supreme Court Cuts Exxon Valdez Oil Spill Damages." RealPlayer is required to launch these audio segments.
Posted at 11:23 PM by Howard Bashman

"Justices Cut Valdez Damages, Rule on Child Rape": This segment (transcript with link to audio) featuring Marcia Coyle appeared on this evening's broadcast of the PBS program "The NewsHour with Jim Lehrer."
Posted at 10:50 PM by Howard Bashman

Lyle Denniston of "SCOTUSblog" is reporting: He has posts titled "Death penalty options narrow"; "A new day on punitive damages law"; and "A way around the Giles rule."
Posted at 09:02 PM by Howard Bashman

"Justices Rule on Exxon Valdez, Rape Death Penalty": Earlier today, The Washington Post hosted this online chat with Tom Goldstein.
Posted at 08:54 PM by Howard Bashman

"U.S. Supreme Court reverses L.A. man's murder conviction; The 6-3 ruling in Giles vs. California makes it more difficult to use out-of-court statements and could be a blow to prosecutors in domestic violence cases": David G. Savage of The Los Angeles Times has this news update.

And Thursday's edition of The Washington Post will contain an article headlined "Right to Face Accusers Is Affirmed in Unusual Case; Witness Was Murder Victim."
Posted at 08:50 PM by Howard Bashman

Ninth Circuit Chief Judge Alex Kozinski is still getting the job done: Although he recently lost the opportunity to view alleged obscene videos as part of his day job, Chief Judge Kozinski remains hard at work.

On Monday of this week, he presided over an eleven-judge en banc panel of the Ninth Circuit, which was hearing a case about whether a certain state law criminal conviction constituted "a crime involving moral turpitude" for purposes of federal immigration law. You can download the oral argument audio via this link (10.9MB Windows Media audio file).

And yesterday, the Ninth Circuit issued this per curiam opinion, whose case citation style indicates that Chief Judge Kozinski was the opinion's author.
Posted at 08:34 PM by Howard Bashman

"We hold that the hanging paragraph does not operate to deprive such undersecured '910 creditors' of their deficiency claims because the parties are bound to their contractual rights and obligations under operative state law, and the Bankruptcy Code does not command otherwise." In a decision issued today, another federal appellate court -- the U.S. Court of Appeals for the Fourth Circuit -- examines the effect of the so-called "hanging paragraph" found in 11 U.S.C. sec. 1325(a), added by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005.
Posted at 08:11 PM by Howard Bashman

Warren Richey of The Christian Science Monitor is reporting: In Thursday's newspaper, he will have articles headlined "Supreme Court sharply limits use of death penalty; In a 5-to-4 ruling, the justices decide child rape isn't a capital offense"; "High court slashes Exxon Valdez oil spill damages; The ruling, a victory for Exxon, reduced the $2.5 billion punitive damages to about $500 million"; and "High court strengthens right to confront accusers; The case involved a California man who killed his ex-girlfriend after she complained to police."
Posted at 08:00 PM by Howard Bashman

"Supreme Court Rejects Death Penalty for Child Rape": Linda Greenhouse of The New York Times has this news update.
Posted at 07:55 PM by Howard Bashman

"Justices Cut Damages Award in Exxon Valdez Spill": Adam Liptak of The New York Times has this news update.
Posted at 04:47 PM by Howard Bashman

On today's broadcast of NPR's "Day to Day": The broadcast contained audio segments entitled "Supreme Court Rejects Death Penalty for Child Rape" (featuring Dahlia Lithwick) and "Supreme Court Slashes Exxon Damages." RealPlayer is required to launch these audio segments.
Posted at 04:30 PM by Howard Bashman

Reuters is reporting: James Vicini has articles headlined "Supreme Court strikes down death penalty for child rape" and "Exxon Valdez $2.5 billion oil spill ruling overturned."

And an article reports that "Court won't allow statements by killer's victim."
Posted at 03:30 PM by Howard Bashman

Greg Stohr of Bloomberg News is reporting: He has articles headlined "Death Penalty for Child Rape Barred by Top U.S. Court" and "Exxon Valdez Award Cut to $507.5 Million by Top Court."
Posted at 03:25 PM by Howard Bashman

"Conrad Black loses appeal of U.S. obstruction and fraud charges": The Canadian Press provides this report.

The Chicago Sun-Times has a news update headlined "Appeals court upholds Conrad Black's conviction."

And The Toronto Star has a news update headlined "Conrad Black loses appeal."

Circuit Judge Richard A. Posner wrote today's ruling on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.

This result comes as no surprise to anyone who credited the press coverage earlier this month of the appellate oral argument in this case.

Update: At page 12, Judge Posner's opinion offers the following take on the so-called "ostrich" instruction:

Three more issues need to be discussed. The first is whether an "ostrich" instruction should have been given. The reference of course is to the legend that ostriches when frightened bury their head in the sand. It is pure legend and a canard on a very distinguished bird. Zoological Society of San Diego, Birds: Ostrich, www.sandiegozoo.org/animalbytes/t-ostrich.html (visited June 12, 2008) ("When an ostrich senses danger and cannot run away, it flops to the ground and remains still, with its head and neck flat on the ground in front of it. Because the head and neck are lightly colored, they blend in with the color of the soil. From a distance, it just looks like the ostrich has buried its head in the sand, because only the body is visible"). It is too late, however, to correct this injustice.

This misconception about ostriches appears at the start of question 1 of my "20 questions for the appellate judge" featuring (now senior status) First Circuit Judge Bruce M. Selya, where I wrote that "It would be struthian to contend that your command of obscure words is anything other than Babe Ruthian." Elsewhere, Law Professor Eugene Volokh advises against using the word "struthious."

And while we are debunking canards (which, by contrast, are birds that can fly), allow me to question the use of the singular "head" in the following sentence from Judge Posner's opinion: "The reference of course is to the legend that ostriches when frightened bury their head in the sand."
Posted at 01:35 PM by Howard Bashman

"New York's High Court Sides With Grasso": This article will appear Thursday in The New York Times.

And Bloomberg News reports that "Grasso Wins Appeal on 4 of 6 Claims at Top N.Y. Court."

My earlier coverage of today's ruling appears at this link.
Posted at 01:27 PM by Howard Bashman

From the west coast feed of today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Key Rulings on Death Penalty, Damages, Witnesses" (featuring Nina Totenberg) and "Supreme Court Rules on Exxon Oil Spill, Child Rape." RealPlayer is required to launch these audio segments.
Posted at 01:22 PM by Howard Bashman

"Supreme Court Rejects Death Penalty in Child Rape Cases": Robert Barnes of The Washington Post has this news update.

And Bill Mears of CNN.com reports that "Child rapists can't be executed, Supreme Court rules."
Posted at 01:14 PM by Howard Bashman

"Supreme Court slashes penalty against Exxon for Valdez spill near Alaska; The justices reduce the punitive damages against Exxon to $507 million from $2.5 billion; The oil company has already spent $2.1 billion in cleanup costs after the 1989 Exxon Valdez spill": David G. Savage of The Los Angeles Times has this news update.
Posted at 01:12 PM by Howard Bashman

"Supreme Court: Thursday's the Final Day." Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 11:45 AM by Howard Bashman

"Supreme Court rejects death penalty for child rape": Michael Doyle of McClatchy Newspapers has this report.
Posted at 11:44 AM by Howard Bashman

"Fired U.S. attorneys case hits judicial roadblock; A cautious judge may be good news for Bush officials in ongoing subpoena struggle": This article appears today in The Christian Science Monitor.
Posted at 11:42 AM by Howard Bashman

"Blind trusts will improve blind justice in the high court; They could help avoid judicial conflicts of interest": David A. Ridenour has this op-ed today in The Christian Science Monitor.
Posted at 11:40 AM by Howard Bashman

"Supreme Court strikes down La. rape penalty": The Times-Picayune of New Orleans provides this news update.
Posted at 11:08 AM by Howard Bashman

"Court slashes Exxon Valdez damages to $507.5 million": The Anchorage Daily News provides this update.
Posted at 11:07 AM by Howard Bashman

"A conversation with Justice Antonin Scalia": If you missed last Friday's broadcast of "The Charlie Rose Show," you can view the video online via this link.
Posted at 10:58 AM by Howard Bashman

"NY's top court affirms dropping 4 claims against Grasso": The Associated Press provides a report that begins, "New York's top court has affirmed dropping four claims against former chairman New York Stock Exchange Chairman Richard Grasso, dealing a major setback to the legacy of former state Attorney General Eliot Spitzer."

You can access today's ruling of the New York State Court of Appeals at this link.
Posted at 10:45 AM by Howard Bashman

Today's U.S. Supreme Court rulings in argued cases: You can access the live blogging of today's rulings from "SCOTUSblog" at this link. The Court will not be issuing its much anticipated Second Amendment ruling in District of Columbia v. Heller, No. 07-290, today. Rather, that decision will be issued at or soon after 10 a.m. eastern time tomorrow (Thursday).

1. The Court's first ruling issued in Exxon Shipping Co. v. Baker, No. 07-219. Justice David H. Souter delivered the opinion of the Court. You can access the opinion at this link and the oral argument transcript at this link.

By custom, the Court's Justices announce opinions in argued cases in reverse order of the Justices' seniority. Thus, Justices Samuel A. Alito, Jr., Stephen G. Breyer, Ruth Bader Ginsburg, and Clarence Thomas will not be issuing any majority opinions today.

2. Today's second ruling issued in Kennedy v. Louisiana, No. 07-343. Justice Anthony M. Kennedy issued the decision, siding with his namesake, the petitioner. The case was decided by a 5-4 margin. You can access the opinion at this link and the oral argument transcript at this link.

3. Today's third ruling issued in Giles v. California, No. 07-6053. Justice Antonin Scalia delivered the opinion of the Court. You can access the opinion at this link and the oral argument transcript at this link.

4. Today's fourth and final ruling issued in Plains Commerce Bank v. Long Family Land & Cattle Co., No. 07-411. The Court decided the case by a 5-4 margin. The Chief Justice delivered the opinion of the Court. You can access the opinion at this link and the oral argument transcript at this link.

In early news coverage, Mark Sherman of The Associated Press reports that "Court rejects death penalty for raping children" and "Court cuts judgment in Exxon Valdez disaster." The AP also reports that "Court bars use of victim's prior statements at murder trial" and "Justices restrict Indian courts' jurisdiction."

And at "SCOTUSblog," Lyle Denniston has a post titled "Death penalty barred for child rape."

The three argued cases in which decisions remain to be issued are: (1) Morgan Stanley Capital Group Inc. v. Public Utility Distr. No. 1 of Snohomish Cty., No. 06-1457 (access the questions presented here and here; access the oral argument transcript here); (2) District of Columbia v. Heller, No. 07-290 (access the question presented here and the oral argument transcript here); and (3) Davis v. Federal Election Comm'n, No. 07-320 (access the questions presented here and the oral argument transcript here).

Decisions in these three cases will issue tomorrow at 10 a.m. eastern time.
Posted at 10:02 AM by Howard Bashman

Unusual first name alert: Footnote one of yesterday's ruling of the U.S. Court of Appeals for the Tenth Circuit in United States v. Scott, No. 07-6111, states in full:

Law enforcement officials involved in the case were never able to identify this individual by her legal name. Although she is referred to as both "Orgasm" and "Obsession" in the record, we will refer to her as "Obsession" for consistency.

The opinion identifies the person in question as a prostitute. Given that the opinion mentions Obsession some twenty times, one presumes that had the Tenth Circuit chosen differently, the decision would have mentioned the word "Orgasm" more than any other reported federal appellate court ruling. A search of Westlaw's CTA database for the word "orgasm" returns only 50 federal appellate court rulings before yesterday's Tenth Circuit decision.
Posted at 09:58 AM by Howard Bashman

"Supreme Court meets Wednesday morning": The Associated Press provides this report.

At 10 a.m. eastern time today, the U.S. Supreme Court will begin announcing decisions in some or all of the seven undecided cases argued earlier this Term. Stay tuned for complete coverage throughout the day.
Posted at 09:20 AM by Howard Bashman

"Court tosses killer's death sentence": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A federal appeals court overturned a Los Angeles man's death sentence Tuesday for the fatal stabbing of his supervisor during a 1984 robbery, saying the defense lawyer ignored blood evidence that might have shown that someone else was the killer."

You can access yesterday's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 09:00 AM by Howard Bashman

"Probe finds illegal hiring at Justice Department; Promising lawyers and law students were rejected because of their political and ideological views, internal investigators say": This article appears today in The Los Angeles Times.

The Washington Post reports today that "Ideology-Based Hiring at Justice Broke Laws, Investigation Finds."

The New York Times reports that "Report Assails Political Hiring in Justice Dept."

And The Washington Times reports that "Lawyers tied to liberals rejected in hiring; Report finds political bias."
Posted at 08:55 AM by Howard Bashman

"Nichols says DA in on cover-up": Today's edition of The Atlanta Journal-Constitution contains an article that begins, "Brian Nichols is accusing Fulton County District Attorney Paul Howard of covering up misconduct by a prosecutor and is asking the trial judge to throw out the death penalty and certain evidence. Nichols has entered a mental health defense to four killings in the Fulton County Courthouse shooting case, which happened when Nichols escaped from custody during his rape trial March 11, 2005."
Posted at 08:40 AM by Howard Bashman

"Another Rebuke on Guantanamo": This editorial appears today in The New York Times.

And at National Review Online, Andrew C. McCarthy has an essay entitled "Welcome to Boumediene World: A federal court overrules the commander-in-chief on enemy combatants."
Posted at 08:30 AM by Howard Bashman

"Facebook in legal fight for its future; CEO's classmates who say he stole their ideas want settlement revisited": Yesterday's edition of The San Jose Mercury News contained an article that begins, "A long-running legal battle over whether Facebook founder Mark Zuckerberg ripped off Harvard classmates in launching his social-networking Web site shifted to a San Jose federal courtroom Monday as high-powered legal teams squared off in a fight that could have huge consequences for the company's future."
Posted at 08:25 AM by Howard Bashman

"Four out of Nine Ain't Bad: Here's how the Supreme Court's left-leaning justices can fight back against the conservative majority." Nicholas Stephanopoulos has this essay online today at The New Republic.
Posted at 08:12 AM by Howard Bashman

"Detainee fight gets bigger, costlier for long-battling Boston law firm; Six Algerian terrorist suspects held at Guantanamo Bay for more than six years without charges have won the right to petition for release, increasing the stakes for their pro bono defenders": The Boston Globe today contains an article that begins, "The Wilmer Hale law firm, one of the largest and most respected in Boston, has a reputation for championing unpopular causes: President Nixon during impeachment. The US Army during the McCarthy hearings. Even defending serial killer Ted Bundy. But the firm's past efforts pale in comparison with the free legal assistance that it has given to six Algerian terrorist suspects held without charge at Guantanamo Bay. Since 2004, lawyers with the firm have provided 35,448 billable hours of legal help, worth an estimated $17 million, making this case the largest pro bono effort in the 90-year history of the firm."
Posted at 08:02 AM by Howard Bashman

"Kozinski's Spirit": This editorial appears today in The New York Sun.
Posted at 08:00 AM by Howard Bashman

"Banning Loaded Words at Criminal Trials: A Well-Meaning But Foolish Approach to Protecting Defendants." Sherry F. Colb has this essay online at FindLaw.
Posted at 07:54 AM by Howard Bashman

"Michigan judge named to U.S. appeals court": The Detroit News today contains an article that begins, "Ending a bitter partisan feud that dates from 1997, the U.S. Senate took less than two hours Tuesday night to confirm a controversial Michigan judge to sit on the federal appeals court that handles cases for the Midwest. The final vote to give Helene White, a Michigan state appeals court judge, the lifetime appointment to the 6th U.S. Circuit Court of Appeals was 63-32."

And The Associated Press reports that "Senate approves Michigan judicial nominees."

In addition to confirming the nomination of Helene White (click here and scroll down for bio) to the U.S. Court of Appeals for the Sixth Circuit on a roll call vote, the U.S. Senate yesterday also confirmed Raymond Kethledge to the Sixth Circuit on a voice vote.
Posted at 07:52 AM by Howard Bashman

Tuesday, June 24, 2008

"IG report: Justice Dept. wrongly considered politics in hiring." Marisa Taylor of McClatchy Newspapers has this report.

The Los Angeles Times has a news update headlined "Left-leaning Justice Department applicants were denied interviews, report finds; Two officials illegally allowed political considerations to come into play when screening applicants for the department's honors program and summer internships, the Justice investigation finds."

And on this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Audit: Justice Dept. Kept Out Liberal Attorneys" (RealPlayer required).
Posted at 11:33 PM by Howard Bashman

"Report Sees Illegal Hiring Practices at Justice Department": The New York Times has a news update that begins, "Justice Department officials over the last six years illegally used 'political or ideological' factors to hire new lawyers into an elite recruitment program, tapping law school graduates with conservative credentials over those with liberal-sounding resumes, a new report found Tuesday."

You can access today's report of the Office of the Inspector General of the U.S. Department of Justice at this link.
Posted at 02:50 PM by Howard Bashman

D.C. Circuit reverses dismissal of lawsuit filed by plaintiffs who sued Iraq, the Iraqi Intelligence Service, and Saddam Hussein, alleging that those defendants had tortured plaintiffs and taken them hostage during the 1990-91 Gulf War: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:48 AM by Howard Bashman

"Taste-Testing Nutraloaf: The prison food that just might be unconstitutionally bad." Arin Greenwood has this jurisprudence essay online at Slate.
Posted at 09:57 AM by Howard Bashman

"Death Row Inmate's Case Gets 3rd Hearing": Adam Liptak has this article today in The New York Times.
Posted at 09:47 AM by Howard Bashman

"Judge Urged to Order Associates Of President to Honor Subpoena; House Panel Seeks Information About Prosecutors' Firings": The Washington Post contains this article today.

And today in The New York Times, Neil A. Lewis has an article headlined "Before Judge, Spirited Clash on Subpoenas for Bush Aides."
Posted at 09:45 AM by Howard Bashman

"Appeals Court Invalidates Detainee's 'Enemy' Status; Challenge Is First of Its Kind to Succeed": This article appears today in The Washington Post.

And The Los Angeles Times reports today that "Court rules for Guantanamo inmate; Huzaifa Parhat, a Uighur Muslim, must be released, transferred or given a new hearing, a federal appeals court rules; It's another setback for the Bush administration."
Posted at 09:42 AM by Howard Bashman

"Gitmo troopers get tattoos as off-duty diversion; Tattoos are all the rage at Guantanamo Bay as U.S. service members and contractors line up to get inked up": Carol Rosenberg had this article Saturday in The Miami Herald.
Posted at 09:40 AM by Howard Bashman

"In defense of home schooling: Supporters argue that parents shouldn't need teaching credentials; Lawyers suggest a more narrow ruling." The Los Angeles Times today contains an article that begins, "Advocates urged a state appellate court Monday to overturn a decision that severely restricted the ability of California parents to educate their children at home, saying family-based schooling works for hundreds of thousands of children."
Posted at 09:30 AM by Howard Bashman

"High Court to Take Up Pregnancy Leave Case": This article appears today in The Washington Post.

And today in The San Francisco Chronicle, Bob Egelko reports that "Court to hear case over mothers' retirement benefits; AT&T was found guilty of bias against pregnant women."
Posted at 09:20 AM by Howard Bashman

"High Court to Review Naval Sonar Dispute; Environmental Petition on Border Fence Declined": Robert Barnes has this article today in The Washington Post.

Today in The Los Angeles Times, David G. Savage has articles headlined "Supreme Court to hear case involving Navy sonar and whales; The justices will examine a judge's ruling that limited military training when marine mammals are near" and "Border fence challenge rebuffed by Supreme Court; The justices decline to hear a petition from environmentalists, allowing the Department of Homeland Security to continue construction."

In USA Today, Joan Biskupic reports that "Justices to debate whether Navy sonar harms whales; Appeals court had eased restrictions on timing, location of military exercises."

In The Christian Science Monitor, Warren Richey reports that "Case of sonar's effects on whales heads to high court; At issue: Can a judge enforce environmental rules at the expense of national defense training?"

In The San Francisco Chronicle, Bob Egelko reports that "Supreme Court to consider sonar versus whales."

The Dallas Morning News reports that "U.S. Supreme Court refuses to hear border fence challenge."

The Arizona Republic reports that "Final miles of border fence get green light; Supreme Court ignores environmental concerns."

The San Diego Union-Tribune reports that "Border fence case is rejected; Supreme Court allows construction to proceed."

And The San Antonio Express-News reports that "Environmentalists see bumps ahead for border fence efforts."
Posted at 09:12 AM by Howard Bashman

"Report Says Partisanship Reigned in Justice Department Hiring Program": The Washington Post today contains an article that begins, "High-ranking political appointees at the Justice Department labored to stock a prestigious hiring program with young conservatives in a five-year-long attempt to reshape the department's ranks, according to an inspector general's report to be released today."
Posted at 09:05 AM by Howard Bashman

"Judge won't quit terror case; Defendant facing sentencing cites jurist's Jewish heritage": Today's edition of The Detroit News contains an article that begins, "A Lebanese-born man who pleaded guilty to providing support to the terrorist organization Hezbollah asked a federal judge on Monday to disqualify himself from passing sentence on him because the judge is Jewish and might have pro-Israel sympathies."
Posted at 08:57 AM by Howard Bashman

"Batting Ninth: The Circuit Court sets itself up for another double play." The Wall Street Journal today contains an editorial that begins, "The Ninth Circuit Court of Appeals has made a cottage industry of serving up wacky decisions for the Supreme Court to reverse. And yesterday, the High Court agreed to swing at two more hanging curves next year."
Posted at 08:40 AM by Howard Bashman

"Top court won't hear appeal of Atlantic Yards eviction": This article appears today in Newsday.

The New York Times reports today that "U.S. Supreme Court Refuses to Hear Atlantic Yards Case."

And The New York Sun reports that "Supreme Court Rejects Challenge to Atlantic Yards."
Posted at 08:33 AM by Howard Bashman

"Palestinian Authority May Defend Itself in N.Y. Courts": Today in The New York Sun, Joseph Goldstein has an article that begins, "The battle in Gaza and the West Bank will soon come to a federal court on Pearl Street. In a surprising shift, the prime minister of the Palestinian Authority says his government is willing to defend itself against lawsuits alleging that it is liable for acts of Palestinian Arab terrorism during the intifada, according to court papers."
Posted at 08:30 AM by Howard Bashman

"Ninth Circuit Judicial Conference Headed for Sun Valley, Idaho": The U.S. Court of Appeals for the Ninth Circuit issued this news release yesterday.
Posted at 08:27 AM by Howard Bashman

"'Porn judge' has no 'judgment'; Researcher says it's 'ludicrous' for Christians to expect justice": WorldNetDaily provides this report.

Today in The Staten Island Advance, columnist Daniel Leddy has an op-ed entitled "Kozinski scandal merits no more than a shrug."

And KSBY 6 Action News provides a report headlined "Jordan Hasay defends national title" that begins, "Over the weekend, Central Coast track star Jordan Hasay won her second straight U.S. Junior National title. The Mission Prep star won the 1,500 meter race finishing at four minutes 18-point-four seconds. She beat her old rival Alex Kozinski by less than a second." Critics denounced the event, which pitted a well conditioned young female athlete against a middle aged, slightly overweight federal appellate judge.
Posted at 08:15 AM by Howard Bashman

"The Supreme Court's Recent Child Pornography Decision: Why Justices Souter and Ginsburg Dissented." Julie Hilden has this essay online at FindLaw. She began discussing this case in this essay from earlier this month.
Posted at 07:58 AM by Howard Bashman

"Reid announces Senate votes on judges": The Hill provides a report that begins, "Senate Majority Leader Harry Reid (D-Nev.) on Monday announced that the chamber would vote Tuesday on a handful of judgeships that have stymied legislative action in recent weeks. His office and Judiciary Committee aides later confirmed that two circuit court nominees and three district court nominees are scheduled for pending votes, although it is unclear how many of them will be voted on immediately Tuesday." According to the article, "The circuit court nominees are Helene White and Ray Kethledge, both nominated for Michigan seats on the Sixth Circuit Court of Appeals."
Posted at 07:50 AM by Howard Bashman

Monday, June 23, 2008

"Narrow Minded: John Roberts does Obama a favor." Law Professor Jeffrey Rosen has this essay in the July 9, 2008 issue of The New Republic.
Posted at 11:05 PM by Howard Bashman

"Supreme Court Says Right to Counsel Begins With First Appearance Before Judge; Justices begin final week before adjourning for summer": law.com's Tony Mauro has this report.
Posted at 11:03 PM by Howard Bashman

"Justices Take Case on Navy Use of Sonar": Linda Greenhouse will have this article Tuesday in The New York Times.
Posted at 11:02 PM by Howard Bashman

Updates pertaining to two of my "On Appeal" columns from early 2007: My column from April 16, 2007 headlined "The N-Word and a Plaintiff's Right to His Day in Court" argued that the U.S. Court of Appeals for the Fourth Circuit had reached the wrong result in a case captioned Eddy v. Waffle House, Inc.

Today, the U.S. Supreme Court granted certiorari, vacated the Fourth Circuit's judgment, and remanded the case for further consideration in light of the Supreme Court's recent ruling in Taylor v. Sturgell. I previously posted online at this link the cert.-stage briefing in Eddy.

I am also overdue in updating the subject matter of my column from May 14, 2007, headlined "When Should a Judge Face Discipline for What an Opinion Says?" Two weeks ago, Florida's Judicial Qualifications Commission held a trial in the case. Paul Flemming, chief of the Tallahassee bureau of Gannett Florida newspapers, had articles headlined "Judge denies ethics charges over criticism" and "Fireworks erupt in Allen ethics case." And The St. Petersburg Times covered the trial earlier this month in articles headlined "Case reveals rift on appeals court" and "At JQC trial against appeal judge, one more accusation." Although the trial has concluded, a decision is not expected to issue for weeks or perhaps months.
Posted at 10:48 PM by Howard Bashman

Justice Antonin Scalia criticizes two GVRs that the U.S. Supreme Court issued today: The Chief Justice and Justice Clarence Thomas joined in both of Justice Scalia's dissents, which you can access here and here.
Posted at 10:24 PM by Howard Bashman

"What's Obscene? Google Could Have an Answer." The New York Times on Tuesday will have an article that begins, "Judges and jurors who must decide whether sexually explicit material is obscene are asked to use a local yardstick: does the material violate community standards? That is often a tricky question because there is no simple, concrete way to gauge a community's tastes and values. The Internet may be changing that. In a novel approach, the defense in an obscenity trial in Florida plans to use publicly accessible Google search data to try to persuade jurors that their neighbors have broader interests than they might have thought."
Posted at 10:20 PM by Howard Bashman

"In a first, court says military erred in a Guantanamo case": Marisa Taylor of McClatchy Newspapers has this report. The web page containing the article furnishes links to the appellate briefs and the oral argument transcript.

Tuesday's edition of The New York Times will contain an article headlined "Court Voids Finding on Guantanamo Detainee."

And The Washington Post provides a news update headlined "Court Orders Government to Act on Chinese Detainee; Ruling Invalidates Bush Administration's Finding That Huzaifa Parhat Is an 'Enemy Combatant.'"
Posted at 10:12 PM by Howard Bashman

"Navy v. dolphins: Supreme Court to hear battle over sonar." Michael Doyle of McClatchy Newspapers has this report.
Posted at 09:07 PM by Howard Bashman

"The Material from Judge Kozinski's Website/Server -- Part Two: Including Videos." This post appears today at the blog "Patterico's Pontifications."
Posted at 09:05 PM by Howard Bashman

"4th Circuit Backs School District on Political Speech": At "The School Law Blog" of Education Week, Mark Walsh has this post about a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 06:00 PM by Howard Bashman

"Court upholds conviction in terrorism-related case": The Associated Press provides this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued today.
Posted at 05:54 PM by Howard Bashman

"John Roberts and Bob Dylan": Doug Kendall has this post today at the "Text and History" blog of the Constitutional Accountability Center.
Posted at 05:20 PM by Howard Bashman

"Attorneys say Delaware execution went bad": The Associated Press provides this report.
Posted at 02:48 PM by Howard Bashman

James Vicini of Reuters is reporting: He has articles headlined "Supreme Court to decide Navy sonar appeal" and "Court rejects challenge to Arizona border fence."
Posted at 02:40 PM by Howard Bashman

"Supreme Court to hear case involving whales and Navy sonar; The justices will take up the Navy's objections to environmental-based restrictions placed on the use of high-frequency sonar; The court also refuses to hear a challenge to the U.S.-Mexico border fence": David G. Savage of The Los Angeles Times has this news update.
Posted at 02:35 PM by Howard Bashman

Justice Alito's apparently no fan of Kelo: At "SCOTUSblog," Lyle Denniston has a post titled "A new vote for property rights?"
Posted at 02:34 PM by Howard Bashman

"Walter Dellinger's Big Week Ahead": Tony Mauro has this post at "The BLT: The Blog of Legal Times."
Posted at 02:15 PM by Howard Bashman

Legal Blawgs Web Archive Collection

Legal Blawgs Web Archive Collection