Note: External links, forms and search boxes may not function within this collection
This is an archived Web site from the Library of Congress
http://howappealing.law.com/
Archived: 08/07/2008 at 18:38:04
First (03/01/2007)
Previous
#18 of 41
Next 
Last (12/03/2009) 
 |
 |
|
Thursday, August 7, 2008 The Associated Press is reporting: An article reports that "Bin Laden driver to seek leniency from Gitmo jury." And in other news, "Court rejects suit opposing religion in vets care." My earlier coverage of Tuesday's Seventh Circuit ruling appears at this link. "Kamehameha Schools again being sued over admissions bias; Meanwhile, school sues previous plaintiffs over disclosure of settlement": This article appears today in The Honolulu Advertiser. Today's edition of The Honolulu Star-Bulletin contains articles headlined "4 challenge racial preference; An attorney for the plaintiffs believes this case could wind up in the U.S. Supreme Court" and "Big Island lawsuit focuses on settlement's disclosure." And at "SCOTUSblog," Lyle Denniston has a post titled "Hawaiian school's admission fight back in court." "Senate Standstill to Let Obama or McCain Tip Balance on Courts": James Rowley of Bloomberg News has a report that begins, "An election-year standstill in Senate confirmation of George W. Bush's judicial nominees will give the next president a chance to tip the ideological balance of U.S. appeals courts that decide such issues as job discrimination, national security and pollution-cleanup disputes. The Democratic-controlled Senate has stopped filling vacancies on appeals courts, which in many respects have greater impact than the Supreme Court. The high court decides about 70 cases each year, while the 13 appellate courts issue thousands of rulings." You can view a list of current federal judicial vacancies by clicking here, while a list of future vacancies can be viewed at this link. The list of future vacancies reveals three additional federal appellate court vacancies that will be occurring in the months ahead. Seventh Circuit Judge Kenneth F. Ripple plans to take senior status on September 1, 2008. D.C. Circuit Judge A. Raymond Randolph plans to take senior status on November 1, 2008. And Eleventh Circuit Judge R. Lanier Anderson plans to take senior status on January 31, 2009. Wednesday, August 6, 2008 "Three charged in bombing of downtown federal court house": The San Diego Union-Tribune provides this news update. You can access the indictment at this link. And The Associated Press reports that "3 charged in federal courthouse bombing in Calif." Under the U.S. Supreme Court's ruling in Georgia v. Randolph, when a wife consents to a police search of the marital home but the husband objects, can the police validly rely on the wife's consent to search after the husband is arrested and taken to jail? A divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued this decision today. Circuit Judge Diane S. Sykes wrote the majority opinion, in which Senior Circuit Judge Daniel A. Manion joined. According to the majority's holding, the husband's objection to the search no longer precluded a valid search based solely on the wife's consent once the husband had been arrested and taken from the scene. Circuit Judge Ilana Diamond Rovner dissented. Her dissenting opinion begins: There is one and only one reason that this case is not on all fours with Georgia v. Randolph: When Kevin Henderson told the police to "get the fuck out" out of his house, the officers arrested and removed him instead. Until that moment, Henderson was both a present and actual objector to the search of his home. Had he remained on the premises, his objection would have foreclosed the police from searching the house regardless of his wife's consent; only a warrant would have broken the tie and permitted the search. My colleagues conclude that Henderson's valid arrest and removal from the scene sapped his objection of its force and allowed the police to search the house with Patricia Henderson's consent. In my view, this interprets the admittedly limited Randolph decision too narrowly. I would hold that Henderson's objection survived his involuntary removal from the home, thus precluding the search in the absence of a warrant. See United States v. Murphy, 516 F.3d 1117, 1124-25 (9th Cir. 2008); see also United States v. Hudspeth, 518 F.3d 954, 963-64 (8th Cir. 2008) (en banc) (Melloy, J., dissenting).Here's hoping that the Seventh Circuit grants rehearing en banc to consider further this very interesting legal issue. Posted at 03:02 PM by Howard Bashman "Ninth Circuit Court Retreats to Idaho: Legal insiders point everywhere but at themselves during a sun-filled non-examination." LA Weekly has posted online this article by Cyrus Sanai. Page two of the article mentions "How Appealing." And the Ninth Circuit's web site has posted this photo montage of the event. "3 states to consider affirmative action ban": The Associated Press provides this report. Posted at 02:38 PM by Howard Bashman "Bin Laden driver convicted at Guantanamo of aiding terror; Salim Ahmed Hamdan is found guilty of providing material support for Al Qaeda; But he is acquitted of more serious conspiracy charges": Carol J. Williams of The Los Angeles Times has this news update. The New York Times has a news update headlined "Detainee Convicted by Military Panel." And The Washington Post has a news update headlined "Bin Laden's Former Driver Convicted by Military Tribunal; Trial Is First Test of System Set up to Try Guantanamo Detainees." "Military jury convicts bin Laden's driver": The Associated Press provides a report that begins, "A jury of six military officers at Guantanamo Bay reached a split verdict Wednesday in the war crimes trial of a former driver for Osama bin Laden, clearing him of some charges but convicting him of others that could send him to prison for life." Reuters reports that "U.S. convicts bin Laden's driver at Guantanamo." And Carol Rosenberg of The Miami Herald has a news update headlined "Bin Laden's driver found guilty of war crimes" that begins, "A U.S. military jury convicted Osama bin Laden's driver of providing material support for terror on Wednesday -- but cleared him of the more serious charge of conspiracy at the first U.S. war crimes tribunal since World War II." "Abu Ghraib contractor CACI loses defamation suit; Court affirms dismissal of Abu Ghraib contractor CACI's lawsuit against talk radio network": The Associated Press provides this report. My earlier coverage of yesterday's Fourth Circuit ruling appears at this link. "Medellin executed for rape, murder of Houston teens": This article appears today in The Houston Chronicle, along with an article headlined "Somber tribute held to the teen victims; Group gathers where 2 girls slain and neighborhood was shaken to core." The New York Times reports today that "Texas Executes Mexican Despite Objections." The Washington Post reports that "Mexican National Executed in Texas; Murder Conviction Drew Attention of International Court." The Los Angeles Times reports that "Texas executes Mexican killer amid international protests; The U.S. Supreme Court refuses to grant a reprieve urged by Mexico and an international court; Jose Ernesto Medellin was convicted of raping and killing two Texas teens in 1993." The Fort Worth Star-Telegram reports that "Texas executes Mexican national." The Associated Press provides reports headlined "Mexican-born killer put to death in Texas" and "Execution prompts concern for detained Mexicans." Greg Stohr of Bloomberg News reports that "Divided U.S. Supreme Court Allows Mexican National's Execution." And Reuters reports that "Texas defies World Court with execution." "No verdict in Day 2 of Guantanamo deliberations": Carol Rosenberg has this article today in The Miami Herald. And The New York Times reports today that "Guantanamo Bay Judge Admits Possible Error." "E-Mail Hacking Case Could Redefine Online Privacy": The Washington Post today contains an article that begins, "A federal appeals court in California is reviewing a lower court's definition of 'interception' in the digital age, in a case that some legal experts say could weaken consumer privacy protections online." Posted at 09:14 AM by Howard Bashman "Our Class-Action System Is Unconstitutional: Judges have no right to award money to nonplaintiffs." George Krueger and Judd Serotta have this op-ed today in The Wall Street Journal. Posted at 08:37 AM by Howard Bashman Available online from National Public Radio: Yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "Professor Tries To Correct Century-Old Court Error." And Monday evening's broadcast contained audio segments entitled "Jury Deliberates In Hamdan Case" and "Book Examines Case Against Bin Laden's Driver." Yesterday's broadcast of "Morning Edition" contained an audio segment entitled "Fate Of Bin Laden Driver In Military Jury's Hands." RealPlayer is required to launch these audio segments. Tuesday, August 5, 2008 Fourth Circuit affirms entry of summary judgment in favor of Air America Radio on defamation case involving the notorious U.S.-run Abu Ghraib prison in Iraq: You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. Posted at 11:45 PM by Howard Bashman "Trial could bring US closer to closing Guantanamo": The Associated Press provides a report that begins, "The war crimes trial of a driver for Osama bin Laden could bring the United States closer to its goal of closing the prison at Guantanamo Bay." Posted at 10:55 PM by Howard Bashman "No reprieve for Mexican-born killer in Texas": The Associated Press provides a report that begins, "The U.S. Supreme Court has denied Mexican-born condemned prisoner Jose Medellin's request for a reprieve." The Houston Chronicle provides a news update headlined "Court denies Medellin's request for stay of execution." And at "SCOTUSblog," Lyle Denniston has a post titled "Medellin execution allowed." You can access this evening's 5-4 ruling of the U.S. Supreme Court at this link. "Jurors deliberating in 1st Gitmo trial": The Associated Press provides a report that begins, "The military avoided a possible mistrial Tuesday in the first Guantanamo war crimes trial as prosecutors sparred with defense lawyers over instructions provided to jurors weighing the fate of Osama bin Laden's former driver." You can view at this link the "findings worksheet" provided to the jury in that case. Freedom From Religion Foundation lacks taxpayer standing to challenge the Department of Veterans Affairs' integration of pastoral care into the medical care that it provides to veterans and its use of chaplains for that purpose: The U.S. Court of Appeals for the Seventh Circuit issued this ruling today. Freedom From Religion had lost on the merits before the district court, which had granted summary judgment in favor of the VA. Posted at 02:30 PM by Howard Bashman "Court Rejects Temple's Sexual Harassment Policy": Shannon P. Duffy has this article today in The Legal Intelligencer. The Philadelphia Bulletin reports today that "Court Nixes Temple Speech Restrictions." And at Inside Higher Ed, Doug Lederman reports that "Court Strikes Down 'Overbroad' Harassment Policy." My earlier coverage of yesterday's Third Circuit ruling appears at this link. "Death-row inmate Medellin doesn't get a reprieve from Texas pardons board": This article appears today in The Dallas Morning News. The Fort Worth Star-Telegram reports today that "Parole board rejects Mexican inmate's last-minute reprieve request." And The Houston Chronicle reports that "Medellin execution on after pleas fail; Mexican citizen is moved closer to death chamber despite objections." "Prop. 8 not retroactive, Jerry Brown says": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "If voters approve a November ballot measure banning same-sex marriages in California, thousands of gay and lesbian weddings conducted since the state Supreme Court legalized the unions on May 15 will probably remain valid, Attorney General Jerry Brown said Monday." Posted at 10:00 AM by Howard Bashman "Flunky or war criminal? Military jury to decide; A military jury has started deliberating in Osama bin Laden's driver's war crimes trial." Carol Rosenberg has this article today in The Miami Herald. She also has a news update headlined "Deliberations resume in driver's war trial." Today in The Los Angeles Times, Carol J. Williams reports that "Guantanamo case of Bin Laden driver Hamdan goes to military jury; In closing arguments at Guantanamo Bay, a defense attorney says secret testimony showed that Salim Ahmed Hamdan had offered to help U.S. forces, but that the opportunity had been 'squandered.'" The New York Times reports that "Lawyer Suggests Detainee Aided U.S. in Afghanistan." The Washington Post reports that "Case Against Bin Laden's Driver Goes to the Jury." And USA Today reports that "First military commission doesn't end fairness debate." "Enron setbacks could hurt other white-collar prosecutions": Marisa Taylor of McClatchy Newspapers has this article. Posted at 09:47 AM by Howard Bashman "House Democrats Seek Less-Rigid D.C. Gun Laws; Proposal Set for Vote Would Allow Semiautomatics and Change Storage, Registration Rules": This article appears today in The Washington Post. Posted at 09:45 AM by Howard Bashman Available online from law.com: An article reports that "Religious Slurs May Amount to Hostile Workplace, N.J. High Court Says." My earlier coverage of the ruling appears at this link. Amaris Elliott-Engel of The Legal Intelligencer reports that "Justices OK Juror Challenges Involving Prosecutor From Controversial Training Tape." Last month's ruling of the Supreme Court of Pennsylvania consisted of a majority opinion and a dissenting opinion. In other news, "U.S. Prosecutors Feel the Heat, Want Protection; Group presses for home alarms, secure parking and the right to arm." And Bruce A. Campbell has an essay entitled "A Primer on What Lawyers Can Say About Judges." "U.S. May Have Taped Visits to Detainees; Foreign Countries Sent Interrogators": The Washington Post today contains a front page article that begins, "The Bush administration informed all foreign intelligence and law enforcement teams visiting their citizens held at Guantanamo Bay that video and sound from their interrogation sessions would be recorded, according to documents obtained by The Washington Post. The policy suggests that the United States could possess hundreds or thousands of hours of secret taped conversations between detainees and representatives from nearly three dozen countries." Posted at 09:30 AM by Howard Bashman "Home Depot case revived by court; Two-edged ruling: Backdated stock options caused price to deflate, retirees' lawsuit claims." The Atlanta Journal-Constitution contains this article today. You can access last week's Eleventh Circuit ruling at this link. "A Ruling May Pave the Way for Broader Use of DVR": This article appears today in The New York Times. USA Today reports today that "Cablevision's remote-storage DVR clears hurdle; Court says server does same thing as hard drive." The Wall Street Journal reports that "Cablevision Wins Appeal On RS-DVR" (subscription or direct access via Google News required). And law.com reports that "2nd Circuit Backs Cablevision's Remote Recorder Against Programmers' Lawsuit." My earlier coverage of yesterday's Second Circuit ruling appears at this link. State of Colorado announces it won't seek U.S. Supreme Court review of Tenth Circuit ruling that struck down that State's refusal to provide scholarships to students who attend Colorado colleges deemed "pervasively sectarian": You can access the announcement at this link. My earlier coverage of the Tenth Circuit's ruling appears here and here. "Panel criticizes Wecht judge": Today in The Pittsburgh Tribune-Review, Jason Cato has an article that begins, "A federal appeals panel on Monday criticized a Pittsburgh judge for the way he ended Dr. Cyril H. Wecht's public corruption trial." And The Pittsburgh Post-Gazette reports today that "Judges hear Wecht oppose retrial; Defense argues trial judge erred; prosecutor disagrees." "Philippines' peace accord blocked; The Supreme Court prevented the signing of a territorial accord between the state and MILF, a rebel group, Monday; Opponents had called the deal unconstitutional": This article appears today in The Christian Science Monitor. And The Manila Times reports today that "SC stops signing of pact; Protests against MILF state to continue today." "A Federal Appeals Court Invalidates the Federal Communications Commission's Massive Fine for the 'Nipplegate' Super Bowl Incident: The Decision and Its Implications." Julie Hilden has this essay online at FindLaw. Posted at 08:30 AM by Howard Bashman Monday, August 4, 2008 "Both sides gear up for appeal of 'moment of silence' law; This fall, federal court will hear case from parents who sued district, alleging the measure is 'a cover' for bringing back organized school prayer": The Houston Chronicle provides a news update that begins, "A legal appeal over a 2003 Texas law mandating a moment of silence for schoolchildren is heating up. The 5th U.S. Circuit Court of Appeals is expected to hear the case this fall. Both sides have asked for oral arguments and advocacy groups are weighing in with friend-of-the-court briefs." Posted at 08:50 PM by Howard Bashman "Appeals judges hear Wecht's argument against new trial": The Pittsburgh Post-Gazette has this news update. And Jason Cato of The Pittsburgh Tribune-Review has a news update headlined "Wecht's lawyers argue for dismissal." "Lawyers get last word at driver's Gitmo trial": Carol Rosenberg of The Miami Herald has this news update. And today's broadcast of NPR's "Morning Edition" contained an audio segment entitled "Closing Arguments Begin In Bin Laden Driver's Trial" (RealPlayer required). Unanimous three-judge Third Circuit panel holds that Temple University's former Policy on Sexual Harassment is facially unconstitutional: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. You can access the complaint initiating suit at this link, while the federal district court's order holding Temple University's former sexual harassment policy unconstitutional, which today's Third Circuit ruling affirms, can be accessed here. In earlier news coverage, The Associated Press reported in April 2007 that "Federal judge tosses former student's political-bias suit." And Philadelphia Weekly, in December 2006, published an article headlined "School of Hard Knocks: A former grad student sues Temple over academic freedom." Second Circuit vacates copyright infringement injunction that television content providers obtained to prevent Cablevision from marketing a "Remote Storage" Digital Video Recorder system: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Back in March 2007, law.com had a report headlined "Federal Judge Rules Cablevision's Remote Storage DVR System Violates Copyright Laws" about the federal district court's injunction that today's Second Circuit ruling overturns. And in March 2006, USA Today reported that "Cablevision tests 'remote storage' DVR use." In news coverage of today's ruling, Reuters reports that "Court rules in favor of new Cablevision recorder." The Associated Press reports that "NY appeals court reverses cable TV DVR ruling." And Dow Jones Newswires report that "Court Throws Out Ruling Blocking Cablevision's New DVR." "Jury is out for Hamdan -- and the tribunal process; The first person to be tried in a military tribunal at Guantanamo will remain incarcerated no matter the verdict; Concerns remain about the procedure's fairness": Carol J. Williams has this news analysis today in The Los Angeles Times. And in The Washington Post, today's installment of Shankar Vedantam's "Department of Human Behavior" column is entitled "How Terrorist Organizations Work Like Clubs." "Medellin set to die Tuesday for Ertman-Pena killings; Texas defies global outcry from U.N., Bush, other leaders in the controversial case": The Houston Chronicle today contains an article that begins, "'Texas. It's like a whole other country.' Coined to promote tourism, that wry verbal wink at the state's mythic image has assumed a literal meaning as Texas finds itself in defiance of the United Nations, the Organization of American States and national leaders in its planned Tuesday execution of Mexican citizen Jose Medellin." And today in The Los Angeles Times, Jeffrey Davidow has an op-ed entitled "Protecting them protects us: Why you should care about what happens to 51 Mexican nationals on death row." "N.J. justices add religion jokes to workplace ban": In last Friday's edition of The Newark (N.J.) Star-Ledger, Kate Coscarelli had an article that begins, "Making jokes and comments about a person's religion can create a 'humiliating and painful environment' and be a form of on-the-job discrimination, the state's highest court ruled Thursday. The New Jersey Supreme Court said remarks about someone's faith -- even as a form of ribbing or 'breaking of chops' -- cannot be tolerated in the workplace." You can access last Thursday's ruling of the Supreme Court of New Jersey at this link. "Supreme Court stops homeland deal with MILF": In news from the Philippines. Reuters provides a report that begins, "The Supreme Court issued a temporary restraining order on Monday halting a territorial deal between the government and Muslim separatists, the latest setback for peace in the nation's volatile south. The agreement between Manila and the Moro Islamic Liberation Front (MILF), the country's largest Muslim rebel group, was set to be signed in Kuala Lumpur on Tuesday after more than 10 years of stop-start talks." Posted at 08:34 AM by Howard Bashman "Wecht's attorneys claim double jeopardy; Arguments set for today on whether retrial of former coroner should go ahead": The Pittsburgh Post-Gazette today contains an article that begins, "Nearly two years after appearing before the 3rd U.S. Circuit Court of Appeals on a set of entirely different issues, the attorneys in the case against former Allegheny County Coroner Dr. Cyril Wecht will do it again. They will meet in the federal courthouse on Grant Street this afternoon instead of in Philadelphia, where they met in September 2006." And today in The Pittsburgh Tribune-Review, Jason Cato reports that "Wecht battles to prevent second trial." Sunday, August 3, 2008 "Possible movement in grand jury examining Kent": Yesterday's issue of The Galveston County Daily News contained an article that begins, "There may be movement in the grand jury review of allegations against U.S. District Judge Samuel B. Kent, but it wasn't clear Friday what exactly it might be. Dick DeGuerin, Kent's attorney, told The Daily News that the U.S. Department of Justice investigation into the federal judge was still active and that the case was moving forward." Posted at 11:47 PM by Howard Bashman "Guantanamo dangles new incentive for detainees; Max-security Camp 6 will be modified to let compliant detainees interact by eating and exercising together": Carol J. Williams has this article today in The Los Angeles Times. And today in The Miami Herald, Carol Rosenberg reports that "Convicts to be held separate from others; Prison officials have a plan to house war-on-terror convicts apart from the other Guantanamo detainees." "Nichols jury pool passes midway point": The Atlanta Journal-Constitution today contains an article that begins, "The effort to get Brian Nichols to trial for the killing of a judge and three others more than three years ago crested the hill and picked up speed this week." Posted at 11:42 PM by Howard Bashman "Texas: Mexican-born murderer should be executed." The Associated Press provides this report. Posted at 05:08 PM by Howard Bashman Saturday, August 2, 2008 Available online from law.com: Marcia Coyle of The National Law Journal reports that "High Court Review Sought on Judicial Recusals; W.Va. case triggers key ethical query." An article reports that "Another Circuit Court Kicks Judge Real Off Case." My earlier baseball-themed coverage of yesterday's Federal Circuit ruling appears at this link. Shannon P. Duffy of The Legal Intelligencer reports that "3rd Circuit Rules Media Has Right to Juror Names." My earlier coverage of yesterday's majority and dissenting Third Circuit opinions appears at this link. And an article reports that "5th Circuit Throws Out Malpractice Summary Judgment Win for Duane Morris." My earlier coverage of Wednesday's Fifth Circuit ruling appears at this link. "'Sarah's Law' would not have applied to 'Sarah,' acknowledge backers of the abortion-notification measure; The teen whose death led to calls for parental notification in abortion cases was married and had a child; Critics of California's Prop. 4 file a suit asking to remove her story from the voter guide": This article appears today in The Los Angeles Times. Posted at 11:00 PM by Howard Bashman "9/11 architect: Bin Laden driver no terrorist; Alleged mass murderer Khalid Sheik Mohammed -- testifying as the star witness to close a terror trial -- called Osama bin Laden's driver a poorly educated, primitive pleasure-seeker." Carol Rosenberg has this article today in The Miami Herald. She also has a news update headlined "Convicts at Guantanamo will be jailed apart." Today in The Los Angeles Times, Carol J. Williams reports that "Guantanamo defendant Hamdan called too lowly for terror role; Khalid Shaikh Mohammed, the self-declared Sept. 11 mastermind, says in written testimony that Osama bin Laden's driver 'was not fit to plan or execute' Al Qaeda attacks; The defense rests." The New York Times reports that "Terror Trial Nears End as Defense Rests Case." And The Washington Post reports that "Hamdan Seen as 'Not Fit' for Terror; Alleged 9/11 Architect Says bin Laden's Driver Was 'Not a Soldier.'" "A Onetime 'Person of Interest' Moves a Step Closer to Public Exoneration": Today in The New York Times, Charlie Savage has an article that begins, "Having been named a 'person of interest' in the investigation of the 2001 anthrax attacks, the former Army scientist Steven J. Hatfill has tried for six years to clear his name, both inside court and out. Now the disclosure that a former colleague died this week, apparently by suicide, just as investigators prepared to seek his indictment in the case has provided the clearest indication yet that Dr. Hatfill may finally achieve his goal." Posted at 09:08 PM by Howard Bashman "Court rejects appeal from teens' killer": The Houston Chronicle today contains an article that begins, "The Texas Court of Criminal Appeals has dealt capital killer Jose Medellin a major setback in his bid to escape the executioner's needle, throwing out his bid for a post-conviction writ of habeas corpus and his motion for a stay." You can access yesterday's rulings of the Court of Criminal Appeals of Texas -- that State's highest court in criminal cases -- via this link. "Judge Jerry E. Smith and the Origins of the Judge-Umpire Analogy": Ilya Somin has this post at "The Volokh Conspiracy." My own guess is that the analogy goes way, way, way, way back. In any event, it would be incorrect to say that no one goes to a baseball game to watch the umpiring. Posted at 09:34 AM by Howard Bashman Why Internet Explorer won't allow you to access many blogs: As explained in this post at "The Volokh Conspiracy," the problem is related to the use of the popular SiteMeter hit counter. I have removed that hit counter from this blog's front page pending resolution of the problem -- which is why you can now access this blog's home page using the IE browser -- but that hit counter likely still resides on nearly all of this blog's archived content, making that solution a limited one at best. Posted at 09:04 AM by Howard Bashman Friday, August 1, 2008 "State loses attempt to argue anew for sex toy ban": The Associated Press provides a report from Texas that begins, "A federal appeals court turned down Attorney General Greg Abbott's attempt to reinstate a ban on the sale and marketing of sex toys Friday, upholding its previous ruling that the prohibition violated Texans' right to privacy." A total of seven judges noted their dissent from the Fifth Circuit's order denying rehearing en banc. An eighth active judge, Circuit Judge Rhesa Hawkins Barksdale, had dissented in relevant part from the original three-judge panel's ruling, but he did not note his dissent from today's denial of rehearing en banc. In any event, because the Fifth Circuit has seventeen active judges, nine votes were necessary to grant rehearing en banc, assuming no recusals. My earlier coverage of the three-judge panel's ruling in this case appears here and here. Update: At "The Volokh Conspiracy," Eugene Volokh has a post titled "Dildoes Going to the Supreme Court?" One can only hope! Divided three-judge Third Circuit panel issues opinion explaining the basis for its earlier order enabling the news media to obtain the names of prospective jurors in the criminal trial of celebrity coronor Cyril H. Wecht: You can access the Third Circuit's opinion, issued today, at this link. Circuit Judge D. Brooks Smith wrote the majority opinion, in which Circuit Judge D. Michael Fisher joined. Senior Circuit Judge Franklin S. Van Antwerpen issued a dissenting opinion that concludes, "Because I cannot join in an opinion that will cause so many problems in our district courts, that establishes a new class of interlocutory orders, that effectively creates a new constitutional right, and that sets a precedent of permitting our Court to micro-manage trial procedures established by the district courts, I respectfully dissent." "Lawyering and the Craft of Judicial Opinion Writing: The Second Conversation with Justice Samuel A. Alito Jr. on the Law of the Constitution." The Pepperdine University School of Law has now made the video of this event, held on Wednesday evening of this week, available online for on-demand viewing. Simply click here to access the video. Participating in the program were Justice Samuel A. Alito, Jr.; Tenth Circuit Judge Michael W. McConnell; Walter E. Dellinger III; and Kenneth W. Starr. Law Professor Douglas W. Kmiec served as the program's host and moderator. "Members of the public with respect for the law, even if they have less learning than appellate judges on our standards for abuse of discretion review and on the principle of deference to trial court sentencing, will doubtless consider it almost inconceivable that a man who steals more than a half-million dollars in a calculated and prolonged course of deception and embezzlement over several years will suffer only a single day in prison." So writes Circuit Judge Ronald M. Gould, dissenting today from the ruling of a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. In his dissenting opinion, Judge Gould writes: To provide for a mere slap on the wrist of those convicted of serious economic crimes, with no or virtually no time imprisoned as punishment, strikes a blow to the integrity of our criminal justice system. In the end, if not corrected, the majority's approach will be dangerous to respect for our legal system. Can it be seriously maintained that wilful offenders who commit white collar crime, who steal intentionally hundreds of thousands or even millions of dollars, should receive no forced incarceration, while those poor and powerless criminal defendants who commit common larceny or theft often serve extensive hard time? I respectfully dissent because I do not believe it prudent for us as an appellate court to hold as reasonable sentences that in their laxity to white collar crime are patently unreasonable, and that indeed will likely be considered offensively unreasonable to the vast majority of law abiding citizens who may become aware of these proceedings.The ruling from which Judge Gould dissented was written by Circuit Judge Raymond C. Fisher and joined in by Circuit Judge Sandra S. Ikuta. Posted at 03:14 PM by Howard Bashman Just Manny being Manny: The Manny expected to patrol left field tonight for the Los Angeles Dodgers (as reported here and here, among many other places) is not the only controversial Manny in the City of Angels. Today, in a ruling that you can access here, the U.S. Court of Appeals for the Federal Circuit decided to reassign a patent infringement case away from another controversial Los Angeles-based Manny (read law.com's lengthy bio at this link), who was serving as trial judge in the case even though it was being litigated in the U.S. District Court for the District of Arizona. And wasn't it just last week that WSJ.com's "Law Blog" had a post titled "Another Case Pulled from Judge Manuel Real's Docket" about a different case from the one in which the Federal Circuit issued its ruling today? Update: Brent Kendall, now of Dow Jones Newswires, reports on the merits of the Federal Circuit's ruling today in an article headlined "Appeals Court Revives Patent Suit Against Microsoft." "Mexican citizen asks high court to block execution": The Associated Press provides this report. At "SCOTUSblog," Lyle Denniston has a post titled "Move to head off Medellin execution." And at "Writ Large," James Oliphant has a post titled "Medellin asks Court to stay execution." "A group of Protestant Navy chaplains sued the Navy, alleging that the Navy's operation of its retirement system discriminates in favor of Catholic chaplains in violation of the Establishment Clause." So begins the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today. The majority holds that the plaintiffs lack standing to sue because plaintiffs do not claim that the Navy actually discriminated against any of them. Circuit Judge Brett M. Kavanaugh issued the majority opinion, in which Senior Circuit Judge Laurence H. Silberman joined. Circuit Judge Judith W. Rogers dissented, concluding that the plaintiffs do indeed have Article III standing to sue. Available online from law.com: Pamela A. MacLean of The National Law Journal reports that "Obscure 9th Circuit Rule May Get More Young Lawyers Into Court." An article asks (and attempts to answer) the question "Are Reply Briefs Really Necessary?" And Lorianne Updike has an essay entitled "Battle of the Founders in 'Heller.'" "Federal appeals court to seek five more judges in overwhelmed California district": The Saramento Bee today contains an article that begins, "Recognizing that the federal judicial district based in Sacramento is overwhelmed with prisoner cases, the 9th U.S. Circuit Court of Appeals has vowed to push Congress for five new judges for the district." Posted at 10:35 AM by Howard Bashman "County loses pot ruling again; Court backs ID-card law on medical marijuana": This article appears today in The San Diego Union-Tribune. Today in The San Francisco Chronicle, Bob Egelko reports that "California's pot law upheld in appeals court." The Press-Enterprise of Riverside, California reports that "Court of Appeal ruling backs medical marijuana." And The North County Times reports that "Court upholds medical marijuana law; Advocates say county should start issuing ID cards to users." You can access at this link yesterday's ruling of the California Court of Appeal for the Fourth Appellate District, Division One. "Whistle-blowers lose case against UC": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "University of California employees who claim they were fired for reporting wrongdoing or unsafe conditions can't sue for damages if the university rejects their claims, the state Supreme Court ruled Thursday." And law.com reports that "Calif. Justices Reject Whistleblowers' Damages Claims Against University System." You can access yesterday's ruling of the Supreme Court of California at this link. "Witness alleges bin Laden driver made loyalty pledge; A Navy investigator testified that Osama bin Laden's driver swore a loyalty oath to the al Qaeda founder in a day that featured the war court's first secret testimony": Carol Rosenberg has this article today in The Miami Herald. Today in The Los Angeles Times, Carol J. Williams reports that "At Guantanamo, Army officers testify for Hamdan in secret; Court is cleared because their encounter with the terrorism suspect has been classified; The prosecution's last witness is allowed to testify about statements that the defense says were coerced." The New York Times reports that "Prosecution Rests, Then Terror Trial Enters Secret Session to Hear Defense Testimony." The Washington Post reports that "Hamdan Trial Closed for Testimony of Two Defense Witnesses." And in The Wall Street Journal, David B. Rivkin Jr. and Lee A. Casey have an op-ed entitled "Justice at Gitmo: Don't believe the hype; The Hamdan trial is going fine." "Apparent suicide in anthrax case; Bruce E. Ivins, a scientist who helped the FBI investigate the 2001 mail attacks, was about to face charges": This article appears today in The Los Angeles Times, along with an article headlined "Anthrax scare: Fear by mail in a season of terror; Soon after the terrorist attacks of Sept. 11, 2001, a new wave of fear quickly spread across the nation as mail-borne anthrax killed five people; And almost as quickly, it had passed." And The Washington Post provides a news update headlined "Report: Md. Anthrax Scientist Dies in Apparent Suicide." "Judge Orders Miers to Testify; Claim of Executive Privilege Rejected": Today's edition of The Washington Post contains an article that begins, "A federal judge yesterday ordered a former White House counsel to testify before a House committee, rejecting the Bush administration's broad claims of executive privilege in its fight with Congress over the role politics played in the firing of nine federal prosecutors." The newspaper also contains an editorial entitled "Defeated in Court -- Again: The Bush administration never seems to learn from its excessive assertions of presidential authority." The New York Times reports today that "Judge Rules Bush Advisers Can't Ignore Subpoenas." The Los Angeles Times reports that "Miers and Bolten ordered to answer congressional subpoenas; A federal judge makes the unusual move of siding with Congress in a lawsuit over the investigation of the Bush administration's U.S. attorney firings." And The Washington Times reports that "Judge says Bush aides must answer subpoenas; Rejects claim of immunity in probe of U.S. attorney firings." My earlier coverage of yesterday's ruling of the U.S. District Court for the District of Columbia appears at this link. "Travelers' Laptops May Be Detained At Border; No Suspicion Required Under DHS Policies": This front page article appears today in The Washington Post. Posted at 09:52 AM by Howard Bashman "Malwebolence: 'Trolls' use the Internet to harass strangers." Mattathias Schwartz will have this article in Sunday's issue of The New York Times Magazine. Posted at 09:37 AM by Howard Bashman "Federal Judge Says Cross Can Stay on San Diego Hill": The New York Times today contains an article that begins, "A Latin cross that looms over San Diego from a hilltop city park can stay put, a federal judge has ruled, turning aside complaints that its presence violates the United States Constitution." My earlier coverage of Monday's ruling appears here and here. "Same-sex couples applaud repeal; Mass. opens door for out-of-state gays to marry": The Boston Globe contains this article today. The Boston Herald reports today that "Out-of-state gays on the way; Weddings expected to bring $111M to state." And The Republican of Springfield, Massachusetts contains an editorial entitled "State sets table for gay nuptials." "Conrad Black's Appeal": This editorial appears today in The New York Sun. It concludes, "Conrad Black deserves a more reasoned and thorough review -- either by the full 7th Circuit or by a United States Supreme Court that can establish a consistent standard across the country." "Gun Rights of New Yorkers May Rest on Case of Hot Dog Vendor; New Supreme Court Ruling Is Cited Repeatedly in City Gun Cases": Joseph Goldstein has this article today in The New York Sun. Posted at 09:04 AM by Howard Bashman "What Will Happen To Justice Department Hires?" This audio segment appeared on yesterday evening's broadcast of NPR's "All Things Considered." Posted at 09:00 AM by Howard Bashman "U.S. Appeals Court Gets New Judge; Approval Unanimous For Ex-Va. Justice": This article appeared yesterday in the local Virginia section of The Washington Post. Posted at 08:54 AM by Howard Bashman "Yale Students' Lawsuit Unmasks Anonymous Trolls, Opens Pandora's Box": Ryan Singel has this article at Wired.com. And The Yale Daily News reported yesterday that "Lawyers to name defendants in AutoAdmit case." "The History Boys: In the term's biggest cases, the justices offer lessons on English kings and courts." David G. Savage has this article in the August 2008 issue of ABA Journal magazine. Posted at 08:47 AM by Howard Bashman James Oliphant, U.S. Supreme Court correspondent for The Chicago Tribune, is blogging: At "Writ Large." Posted at 08:40 AM by Howard Bashman Thursday, July 31, 2008 "Fifteen public school teachers seek to enjoin their respective school districts from releasing their names in response to a public records request by the Seattle Times Company for the names of teachers alleged to have committed sexual misconduct against students." So begins the majority opinion that the Supreme Court of Washington State issued today. And the majority opinion concludes: We reverse the Court of Appeals in part. We hold a teacher's identity should be released under the [Public Disclosure Act] only when alleged sexual misconduct has been substantiated or when that teacher's conduct results in some form of discipline, even if only a reprimand. Letters of direction and related documents must be disclosed under the PDA, but where a letter simply seeks to guide future conduct, does not identify an incident of substantiated misconduct, and does not subject the teacher to any form of restriction or discipline, a teacher's name and other identifying information must be redacted.Five of the court's nine justices joined in the majority opinion, while a sixth concurred only in the result without separate opinion. Two other justices joined in a dissenting opinion and would have held that "reports of allegations of sexual misconduct against children by their teachers, including the teachers' identities, must be disclosed whether the sexual misconduct is substantiated or not." The remaining justice did not participate in the ruling. Posted at 12:03 PM by Howard Bashman "Some complain Law Review biased against gay marriage": The Forum of Fargo, North Dakota today contains an article that begins, "Some North Dakota attorneys are outraged over the latest North Dakota Law Review, saying the scholarly publication was hijacked by national religious rights activists bent on stopping gay marriage." You can view a list of the articles in question, and the names of the authors of those articles, by clicking here. Posted at 11:54 AM by Howard Bashman "US judge: White House aides can be subpoenaed." The Associated Press provides a report that begins, "President Bush's top advisers are not immune from congressional subpoenas, a federal judge ruled Thursday in an unprecedented dispute between the two political branches. The House Judiciary Committee wants to question the president's chief of staff, Josh Bolten, and former legal counsel Harriet Miers, about the firing of nine U.S. attorneys. But President Bush says they are immune from such subpoenas. They say Congress can't force them to testify or turn over documents." You can access today's ruling of the U.S. District Court for the District of Columbia at this link. One more reason to turn off your word processor's "auto-correct" feature: The U.S. Court of Appeals for the Sixth Circuit today issued its ruling in United States v. Teh. The Teh appeal involves a defendant's challenge to his conviction for having fraudulently imported counterfeit copies of motion picture DVDs. "Second look at bid for new Nacchio trial; Full appeals court to decide whether conviction stands": The Rocky Mountain News today contains an article that begins, "The Department of Justice scored a victory Wednesday in its ongoing case against Joe Nacchio, as the full 10th Circuit Court of Appeals agreed to consider whether the former Qwest CEO's conviction should stand. Prosecutors asked the full panel to hear the case after a three- judge panel ruled earlier this year that the conviction should be thrown out and a new trial held. The court, which grants only a handful of such requests each year, set oral arguments for Sept. 24." And today's edition of The Denver Post contains articles headlined "A full review for Nacchio verdict; A win for Feds" and "Retirees cheer Nacchio decision." My earlier coverage of yesterday's order granting rehearing en banc can be accessed here. "Alabama Supreme Court delays execution of Thomas Arthur; state can't find rape kit evidence": This article appears today in The Birmingham News. And The New York Times reports today that "Court Votes to Postpone an Execution in Alabama." "Witness: Hamdan not part of 'elite'; A defense expert testified that Osama bin Laden's driver had none of the skills to qualify to be an al Qaeda terrorist." Carol Rosenberg has this article today in The Miami Herald. Today in The Los Angeles Times, Carol J. Williams reports that "At Guantanamo, Hamdan defense tries to block agent's testimony; The team wants allegations that the Yemeni confessed to a Bin Laden loyalty oath excluded, saying he had been coerced." The New York Times reports that "Lawyers for Detainee Assert Coercion." And The Washington Post reports that "9/11 Architect Is Unlikely to Aid Defense Of Ex-Driver." "Federal judge says cross can remain on San Diego's Mt. Soledad; ACLU says opponents may appeal the decision; The symbol is part of a federally owned war memorial": This article appears today in The Los Angeles Times. My earlier coverage of Monday's ruling appears at this link. "Private jury pick sought for Nichols": The Atlanta Journal-Constitution today contains an article that begins, "Brian Nichols' defense team wants to conceal from public view one of the most crucial steps in his trial because he contends it is prejudicing potential jurors against him. In court papers filed Wednesday, Nichols and his lawyers asked Superior Court Judge James Bodiford to bar reporters from the courtroom until a jury is selected for the death penalty trial. The request troubled some experts because, in effect, it meant a shroud of secrecy would cover the process of deciding who would be an acceptable juror -- the process that often decides the fate of a case." Posted at 09:00 AM by Howard Bashman "Vote on Journalist Shield Stalled; Senate GOP Won't Debate Until Oil and Gas Bill Is Considered": This article appears today in The Washington Post. Posted at 08:50 AM by Howard Bashman "Workers' Religious Freedom vs. Patients' Rights; Proposal Would Deny Federal Money if Employees Must Provide Care to Which They Object": The Washington Post today contains a front page article that begins, "A Bush administration proposal aimed at protecting health-care workers who object to abortion, and to birth-control methods they consider tantamount to abortion, has escalated a bitter debate over the balance between religious freedom and patients' rights." Posted at 08:48 AM by Howard Bashman "Showdown over a Texas execution: The state plans to execute a Mexican national on Aug. 5, despite objections of the World Court." Warren Richey has this article today in The Christian Science Monitor. And today's edition of The Washington Post contains an editorial entitled "Buying Time in Texas: Tuesday's execution of a Mexican national should be delayed while Congress resolves a treaty dispute." "SJC's longest-serving member to retire; Greaney had key role in landmark decisions": The Boston Globe today contains an article that begins, "Justice John M. Greaney, the longest-serving member of the state Supreme Judicial Court and a pivotal vote in some of its most significant decisions, announced yesterday that he will retire by year's end, creating the potential for a new dynamic on the state's highest court." And The Boston Herald reports today that "Justice retires, gov can fill seat." "The Supreme Court Is Wrong On the Death Penalty": Today in The Wall Street Journal, Law Professor Laurence H. Tribe has an op-ed that begins, "It's not often that the U.S. Supreme Court is asked by a state and the federal government to reconsider a case it has just handed down because it missed key evidence. But that is what is happening now in Kennedy v. Louisiana." The op-ed concludes, "The Eighth Amendment's cruel and unusual punishment clause should not be construed in a manner that puts it on a collision course with the 14th Amendment's equal protection clause. The Supreme Court would do well to take that overriding consideration into account as it decides whether to revisit its seriously misinformed as well as morally misguided ruling." Wednesday, July 30, 2008 "A Nervous Moment for Kozinski and the 9th Circuit Conference": Pamela A. MacLean of The National Law Journal has an article that begins, "The cocktail party at the 9th U.S. Circuit Court of Appeals Judicial Conference had a nervous moment Monday when a Beverly Hills, Calif., attorney and critic of Chief Judge Alex Kozinski was escorted from the outdoors reception after getting too close to the chief judge. Cyrus Sanai, who gained press credentials on assignment from the LA Weekly, said he was waiting to talk with Judge Richard Clifton, the conference chair, when Kozinski passed within a few feet. That was enough to trigger U.S. marshals to ask Sanai to leave. It was Sanai who leaked word to the media in June that Kozinski had a Web site that contained sexually explicit materials; that news touched off a discipline inquiry of Kozinski, currently pending in the 3d Circuit. Sanai said he also plans to file his own, broader misconduct complaint next month against Kozinski, stemming from the materials on the Web site. The cocktail party was at the opening night reception held outdoors on the grounds of the Sun Valley, Idaho, resort and was described as 'open to all' by Clifton at the end of the first day's program. Sanai has been closely monitored by security at the conference." Posted at 11:37 PM by Howard Bashman Federal question jurisdiction does not exist to enable removal from state court to federal court of a lawsuit alleging attorney malpractice during an earlier a federal trademark lawsuit: A unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this ruling today. Today's Fifth Circuit decision notes that it is arguably in tension with a recent Federal Circuit ruling which held that federal question jurisdiction does exist over a malpractice suit stemming from representation in an earlier federal patent suit. My earlier coverage of that ruling appears at this link. "Court: Christian fraternity must be recognized." The Associated Press provides a report that begins, "A federal appeals court has ordered University of Florida officials to recognize a Christian fraternity. Judges from the 11th U.S. Circuit in Atlanta issued an injunction Wednesday ordering the action while a discrimination lawsuit filed by Beta Upsilon Chi against the school moves forward." Posted at 11:10 PM by Howard Bashman "Full appellate court to review Nacchio case": The Denver Post provides this news update. The Rocky Mountain News has an update headlined "Full court will review Nacchio conviction." And Reuters reports that "Court to review overturning of Nacchio conviction." Nine judges took part in issuing today's order of the U.S. Court of Appeals for the Tenth Circuit granting the federal government's petition for rehearing en banc, which means that at least five judges voted to rehear the case. You can access at this link the original three-judge panel's ruling, which ordered a new trial by a 2-1 vote. The federal government's petition for rehearing en banc can be accessed here. And defense counsel's response in opposition to the petition for rehearing en banc can be accessed here. Today's order schedules the reargument to occur on September 24, 2008 in Denver. The order directs the parties to file briefs within thirty days from today addressing four specified issues. Here's hoping that the lawyers in the case were already planning to spend the entire month of August at their desks instead of on vacation. "An undoubtedly inequitable hardship results from allowing the plaintiffs to prosecute actions in federal court and, after they lose on motions for summary judgment, granting their motions to vacate the judgments because of a lack of subject matter jurisdiction." Nevertheless, the Fourth Circuit reluctantly affirms the vacation of the judgment against the plaintiffs -- alter egos of the State of South Carolina that were content to sue in federal court until they lost on the merits. You can access today's Fourth Circuit ruling at this link. The jurisdictional defect was not subject to waiver because subject matter jurisdiction was based on diversity of citizenship, and States are not considered "citizens" for purposes of the diversity jurisdiction statute. "Lawyering and the Craft of Judicial Opinion Writing: The Second Conversation with Justice Samuel A. Alito Jr. on the Law of the Constitution." This evening in Malibu, California, starting at 8:30 p.m. eastern time, the Pepperdine University School of Law is hosting this event (you can also access a PDF file of the program's brochure by clicking here). Participating will be Justice Samuel A. Alito, Jr.; Tenth Circuit Judge Michael W. McConnell; Walter E. Dellinger III; and Kenneth W. Starr. Law Professor Douglas W. Kmiec will serve as the program's host and moderator. Based on this description of the program, it looks to be quite interesting. It is possible that the Pepperdine School of Law will offer a live webcast via this link. And C-SPAN will be taping the program for broadcast on a later date. "Latest decision: Cross can stay; Landmark more memorial than religious symbol." Today's edition of The San Diego Union-Tribune contains an article that begins, "The giant cross atop Mount Soledad can stay, a federal judge ruled yesterday. The La Jolla landmark has been the subject of nearly 20 years of litigation, public votes and legislative maneuvers as critics complain it's unconstitutional to have a religious symbol on public land. But yesterday, U.S. District Judge Larry Burns said the cross -- visible for miles -- has become a memorial to veterans, and its secular message outweighs any religious meaning." You can access yesterday's ruling of the U.S. District Court for the Southern District of California at this link. "One Year Later: No Comment from Chief Justice Roberts on his Health." At "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "One year after he suffered a seizure near his summer home in Maine, Chief Justice John Roberts Jr. is not commenting on the current state of his health. In response to a series of written questions from Legal Times about possible medications or changes in lifestyle, or whether he has suffered any more seizures or other health problems, Roberts offered only a 'no comment.'" This blog's coverage of the events that occurred one year ago can be found in posts that appeared on July 30, 2007 and July 31, 2007. "Media shield measure stalls in the Senate": The Associated Press provides a report that begins, "A bill to protect journalists from having to reveal their sources in some federal courts has stalled in the Senate." Posted at 12:17 PM by Howard Bashman "Politics in U.S. hiring: When is it improper? At the Justice Department, clear lines were crossed, report says." This article appears today in The Christian Science Monitor. Posted at 09:30 AM by Howard Bashman "Witness fails to ID bin Laden's driver; The Pentagon came close to wrapping up its prosecution of Osama bin Laden's driver, calling a former ABC journalist, who testified he didn't recognize the driver from a 1998 interview": Carol Rosenberg has this article today in The Miami Herald. The Washington Post today contains an article headlined "Capturing Bin Laden On Camera; At Guantanamo Trial, Former ABC Reporter Recounts 1998 Interview." Carol J. Williams of The Los Angeles Times reports that "Guantanamo prosecution doesn't rest in Hamdan case; Though finished with their presentation, government lawyers await the military judge's decision on whether they can call a key witness to the stand." And in The Wall Street Journal, Debra Burlingame has an op-ed entitled "From Gitmo to Miranda, With Love." "Prop. 8 backers sue to change ballot wording": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Attorney General Jerry Brown is trying to stack the deck against a November ballot measure barring same-sex marriage by declaring in his formal ballot description that it 'eliminates the right of same-sex couples to marry,' sponsors of the initiative charged in a lawsuit Tuesday." And The San Diego Union-Tribune reports today that "Ban supporters' lawsuit targets ballot phrasing; Brown's wording called 'misleading and prejudicial.'" "Union of Whole Foods and Wild Oats Is Put in Doubt": This article appears today in The New York Times. The Los Angeles Times reports today that "Court overturns ruling that allowed Whole Foods-Wild Oats merger; The Federal Trade Commission opposed the deal, but prospects for reversing it are unclear." And The Austin American-Statesman reports that "Whole Foods dealt setback in Wild Oats case." My earlier coverage of yesterday's D.C. Circuit ruling appears at this link. "D.C. case cited in sentencing challenge; Judge urges Supreme Court to rethink issue": The Washington Times today contains an article that begins, "A senior federal appeals court judge is citing the case of a D.C. man awaiting sentencing on a drug charge in asking the U.S. Supreme Court to revisit whether judges should give defendants tougher sentences based on conduct that jurors rejected as a basis for conviction. 'I wonder what the man on the street might say about this practice of allowing a prosecutor and judge to say that a jury verdict of "not guilty" for practical purposes may not mean a thing,' Judge Myron H. Bright, senior judge for the 8th U.S. Circuit Court of Appeals based in St. Louis, wrote in a recent opinion in an unrelated methamphetamine case." Posted at 09:07 AM by Howard Bashman "House Bill Would End D.C. Registration Rules": The Washington Post today contains an article that begins, "D.C. officials are trying to beat back an effort by some lawmakers to send a bill to the House floor that would dramatically weaken the city's gun laws. The gun bill, co-sponsored by Reps. Mike Ross (D-Ark.) and Mark Souder (R-Ind.), was introduced previously and stalled. The measure now stands a good chance of gaining approval by the House of Representatives because of an unusual legislative maneuver, congressional staff members and observers said. Souder said he acted because the D.C. government has made only limited changes to its 32-year-old handgun ban since the U.S. Supreme Court ruled last month that it was unconstitutional." Posted at 09:02 AM by Howard Bashman "A curb on gay marriage will fall; Repeal of 1913 law goes next to Patrick; Nonresidents to get right to wed in Mass." This front page article appears today in The Boston Globe. The New York Times reports today that "Same-Sex Marriage Barrier Nears End in Massachusetts." And The Republican of Springfield, Massachusetts reports that "House OKs repeal of marriage law." In jurisprudence essays available online at Slate: Cullen Seltzer has an essay entitled "Let Them Be Lawyers: The Supreme Court on the dignity of the mentally ill." And Law Professor Eugene Volokh has an essay entitled "Talula Does the Hula From Hawaii: And other names so weird that judges forbade them." Available online from law.com: An item headlined "Sizing Up the 2007-08 Supreme Court Term" consists of the transcript of Legal Times' seventh annual U.S. Supreme Court review. You can also download the complete audio of the event via this link (21.9MB mp3 audio file). And an article headlined "D.C. Circuit: DOJ Can't Bar Access to Amnesty Deal" reports on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued last Friday. Tuesday, July 29, 2008 "Court to review abortion ruling; Ban on partial-birth procedure, voided in May, to get 2nd look": This article appears today in The Washington Times. Posted at 11:58 PM by Howard Bashman "Movie on al Qaeda unveiled at tribunal; The Pentagon premiered a controversial, gory movie at a war crimes tribunal showing al Qaeda's mayhem": Carol Rosenberg has this article today in The Miami Herald. She also has a news update headlined "Prosecution nearly done in bin Laden's driver's case." Today in The Los Angeles Times, Carol J. Williams reports that "Guantanamo jurors shown graphic film on Al Qaeda; A lawyer for Salim Ahmed Hamdan objects to some of the footage, calling it 'extraordinarily prejudicial.'" The New York Times reports that "In Detainee Trial, System Is Tested." And The Washington Post reports that "Work for Bin Laden Is Said to Predate War; Former Driver on Trial at Guantanamo." "Who's a journalist? The proposed federal law to protect reporters and their sources draws a tenuous line between bloggers and professionals." Scott Gant had this op-ed yesterday in The Los Angeles Times. Posted at 11:48 PM by Howard Bashman "Opponents of gay marriage say they'll sue over changed wording in Proposition 8; After a tweak by the state attorney general's office, the initiative now seeks to 'eliminate the right' of same-sex couples to marry, wording that the measure's proponents say could prejudice voters": This article appears today in The Los Angeles Times. Posted at 11:45 PM by Howard Bashman "Bush Approves Execution Of Soldier for Murders": The Washington Post contains this article today. Posted at 11:38 PM by Howard Bashman "Internal Justice Dept. Report Cites Illegal Hiring Practices": This front page article appears today in The Washington Post. The newspaper also contains an editorial entitled "Justice Besmirched: How the Bush administration soiled itself." And Jamie Gorelick has an op-ed entitled "Another Blow To Justice." The New York Times today contains an article headlined "Report Faults Aides in Hiring at Justice Dept." The newspaper also contains an editorial entitled "There Was Smoke -- and Fire." The Los Angeles Times reports that "Sexuality bias seen at Justice Department; An internal report says alleged homosexuality was used as a litmus test in hiring and firing; Margaret Chiara, a former U.S. attorney, now thinks a false rumor cost her her job." The Washington Times contains an article headlined "Report finds politics in hiring; Senate panel to investigate." Joe Palazzolo of Legal Times has an article headlined "Report: Ex-DOJ Officials Improperly Politicized Hiring, Broke Law; Report finds political hiring was most pronounced in the case of immigration judges." You can access the report, titled "An Investigation of Allegations of Politicized Hiring by Monica Goodling and Other Staff in the Office of the Attorney General," by clicking here. "A Torture Paper Trail": Columnist Eugene Robinson has this op-ed today in The Washington Post. Posted at 11:08 PM by Howard Bashman "Panel Hears of Inequities in Death Penalty; Unabomber's Brother Is Among Witnesses Before Md. Commission": The Washington Post contains this article today. And The Baltimore Sun reports today that "First death penalty hearing held; Md. panel listens to evidence on disparities." "D.C. Is Sued Again Over Handgun Rules": This article appears today in The Washington Post. And The Washington Times reports today that "Heller, others challenge semi-automatic ban; Plaintiffs call D.C. definition too vague, unfair to residents." When a lawsuit filed against multiple defendants in state court is capable of being removed to federal court, does the time for removal begin to run when the first defendant receives service of process or when the last defendant receives service of process? Addressing a question of first impression that had already produced a circuit split among other federal appellate courts, today a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit held, in a decision you can access here, that the time for removal does not begin to run until the last defendant receives service of process. Posted at 10:34 PM by Howard Bashman Dan Levine covers the Ninth Circuit's Judicial Conference, now underway in Sun Valley, Idaho, at The Recorder's "Legal Pad" blog: Thus far, Dan has posts titled "Where Kozinski Goes, So Goes Security"; "The Elephant In The Room"; "Idaho: Have A Little SCOTUS With Your Meth"; and "Things to Do in Idaho: Ninth Circuit Shindig." Dan's coverage also includes photos of important people. In other coverage, Pamela A. MacLean ofThe National Law Journal reports that "Kozinski, Facing Disciplinary Inquiry, to Keep Low Profile at Conference." Pam writes, "Adding to the prickly situation, Beverly Hills attorney Cyrus Sanai, a Kozinski critic and the one who accessed and leaked the Kozinski Web site, obtained press credentials from the LA Weekly to cover the event." A look at Law Professor Barack Obama: The New York Times on Wednesday will contain an article headlined "As a Professor, Obama Enthralled Students and Puzzled Faculty." Posted at 08:54 PM by Howard Bashman "Ruling clears way to begin Tiller trial": Today's edition of The Wichita Eagle contains an article that begins, "George Tiller will learn today when he'll be scheduled for trial, after a judge ruled Monday that prosecutors can proceed with 19 misdemeanor charges against the Wichita abortion provider." And The Associated Press reports that "Judge upholds abortion law." You can access yesterday's Kansas state trial court ruling at this link. "Colorado puts brakes on license plate abbreviations": The Rocky Mountain News on Monday contained an article reporting that "WTF" "has been added to a lengthy list of 261 three-letter combinations that the state considers verboten on the standard-issue six-character plate." At least in Pennsylvania, it's still possible for an appellate law blogger to randomly have a license plate that begins with "FJC." "E-access to court files 'inevitable,' lawyer says": Yesterday's edition of The Edmonton Journal contained an article that begins, "The judges on the Supreme Court of Canada will decide this fall whether to post court documents online, the culmination of years of debate on whether throwing open the electronic doors threatens privacy rights in an era of Internet stalkers and identity thieves." Posted at 08:24 PM by Howard Bashman "Federal officials try to block Texas execution to allow review of case": Monday's edition of The Dallas Morning News contained an article that begins, "Fourteen years and numerous judicial reviews have passed since Jose Medellin was sentenced to die after confessing to the brutal gang rape and murder of two teenage girls in Houston. That's long enough, state officials say. It's time to carry out the sentence. But defense attorneys, and an unusual coalition of federal officials, including no less than the attorney general and secretary of state, say if his Aug. 5 execution is not stayed, so Mr. Medellin's case can be reviewed one more time at the behest of the International Court of Justice, Texas will be rushing to judgment and endangering Americans abroad." Posted at 08:17 PM by Howard Bashman "Local officials fight pact with MILF in Court": This article, about an agreement involving the Moro Islamic Liberation Front, appears in Wednesday's edition of The Manila Times. Posted at 08:14 PM by Howard Bashman Third Circuit rejects Pennsylvania state prison inmates' claims arising from the Department of Corrections' confiscation of materials that could be used to file bogus liens against judges, prosecutors, and other government officials: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. The opinion was issued per curiam, lest anyone consider filing a bogus lien against the author of today's ruling. Posted at 07:47 PM by Howard Bashman "Judge: Erie collar-bomb suspect not competent." The Associated Press provides this report. And The Erie Times-News has an update headlined "Diehl-Armstrong found incompetent in Wells case." "Supremely Screwed Up: A do-over for the High Court?" In the August 4, 2008 issue of The Weekly Standard, Terry Eastland has an essay that begins, "The Supreme Court ended its term this year by making a mistake in one of its most controversial cases--the case in which it held unconstitutional a Louisiana law authorizing capital punishment for the rape of a child under 12 years of age." Posted at 03:25 PM by Howard Bashman "Court ruling on Whole Foods-Wild Oats deal reversed": Reuters provides a report that begins, "A U.S. appeals court reversed on Tuesday a lower court decision that allowed Whole Foods Market Inc's purchase of rival Wild Oats Markets Inc to proceed over the objections of antitrust authorities." You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link. Circuit Judge Janice Rogers Brown wrote the majority opinion, in which Circuit Judge David S. Tatel joined. Judge Tatel also issued a concurring opinion. Circuit Judge Brett M. Kavanaugh issued a dissenting opinion and would have allowed implementation of the merger. "The Fiction Behind Torture Policy: The lawyers designing interrogation techniques cited Jack Bauer more frequently than the Constitution." Dahlia Lithwick has this essay in the August 4, 2008 issue of Newsweek. And online at Slate, she has an essay titled "Horror Stories: The best new reads about law and the war on terror." Thanks for the prominent mention of "How Appealing," Dahlia! "The Becker-Posner Blog" on "Compelled Disclosure of Food Characteristics": Judge Posner's take is here, while Professor Becker comments at this link. In his post, Judge Posner writes, "As Becker has emphasized in academic work, the choice of an addictive life style may be freely chosen and the life style itself may be socially productive and personally satisfying; Becker and I, for example, are addicted to work." Available online from law.com: Joe Palazzolo reports that "Disabilities Law Covers Sex Disorders, D.C. Circuit Rules; Federal workers are covered under 1973 Rehabilitation Act." My earlier coverage of the D.C. Circuit's ruling appears at this link. In other news, "Pro Bono Lawyers Make Case to O'Connor in Religious Speech Suit." And an article reports that "Gibson Dunn Will Fight Court's $13.4 Million Reversal in Crash Case." "Caperton petitions U.S. Supreme Court; Verdict's overturn has national implications, says former U.S. solicitor general": Early this month. The Charleston (W. Va.) Gazette published an article that begins, "West Virginia coal operator Hugh M. Caperton and Harman Mining, his company that was forced into bankruptcy, petitioned the U.S. Supreme Court on Wednesday afternoon to accept its appeal of a West Virginia Supreme Court ruling. Caperton and Harman are challenging two state Supreme Court actions that overturned a $50 million Boone County jury verdict, now worth $76.3 million, against A.T. Massey Coal Co. for hijacking a coal supply contract Harman had to deliver coal to LTV steel mills in Pittsburgh. The 'appearance of bias' by Justice Brent Benjamin, the petition argues, has national implications that could affect supreme courts in 39 states that elect judges. Don Blankenship, who headed A.T. Massey (later renamed Massey Energy), spent more than $3 million of his own money to buy television advertisements and other commercials promoting Benjamin's 2004 campaign against incumbent Justice Warren McGraw. Caperton's lawyer, Theodore B. Olson, was U.S. solicitor general from 2001 to 2004 and has represented Presidents Ronald Reagan and George W. Bush personally." And The Associated Press reported early this month that "Massey case appealed to US Supreme Court." Yesterday afternoon, as The West Virginia Record reports in an article headlined "Benjamin concurs, but does so much more," Justice Brent D. Benjamin of the Supreme Court of Appeals of West Virginia issued this lengthy and remarkable concurring opinion in the case directly addressing the accusations of bias being raised against him. "Special-interest lobbies pour cash into judicial races": Yesterday's edition of The Chicago Tribune contained this article. Posted at 08:05 AM by Howard Bashman Monday, July 28, 2008 "The Censors Lose in Court": This editorial appears today in The New York Times. Posted at 11:20 PM by Howard Bashman "Bush approves execution of soldier, first in 50 years": McClatchy Newspapers provide this report. Tuesday's edition of The New York Times will report that "Execution by Military Is Approved by President." And The Associated Press reports that "Bush OKs execution of Army death row prisoner." "U.S. urges new hearing in death penalty case": Lyle Denniston has this post at "SCOTUSblog." And today's edition of The Los Angeles Times contains an editorial entitled "Will the Supreme Court reconsider? A controversial case proves that the courts are not the best place to fight capital punishment." "Media's drinking water offers a double Camp Justice chill; A look at the Pentagon media machine at the first U.S. war-crimes tribunal reveals a $32,000 travel morgue that chills reporters' drinking water": Carol Rosenberg has this article today in The Miami Herald. And she also has a news update headlined "Experts open second week of driver's trial." "Federal appeals court to review Va. abortion ban": The Richmond Times-Dispatch has a news update that begins, "The full 4th U.S. Circuit Court of Appeals will rehear a challenge to Virginia's ban on a late-term abortion procedure. On two occasions a three-judge panel of the same court ruled 2-1 that the challenge was successful -- that the Virginia ban on what opponents call 'partial-birth abortion' was unconstitutional." The Associated Press reports that "Full court will consider Virginia ban on 'partial-birth abortion.'" And at "SCOTUSblog," Lyle Denniston has a post titled "A new test of a 'partial-birth' abortion ban." My earlier coverage of the Fourth Circuit's most recent three-judge panel ruling in the case appears here, here, and here. "Lawsuit filed against new DC gun regulations": The Associated Press provides a report that begins, "The plaintiff in the Supreme Court case that struck down Washington's 32-year-old handgun ban filed a new federal lawsuit Monday, alleging the city's new gun regulations still violate an individual's right to own a gun for self-defense." Update: At "SCOTUSblog," Lyle Denniston has a post titled "New Second Amendment case in D.C." "Long prison terms for 2 Border Patrol agents upheld": The Houston Chronicle provides a news update that begins, "A federal appeals court today upheld long prison sentences given to a pair of U.S. Border Patrol agents who shot an unarmed drug smuggler near El Paso and lied to superiors about it." And The Associated Press reports that "5th Circuit upholds prison terms for border agents." My earlier coverage of today's Fifth Circuit ruling appears in the post immediately below. Fifth Circuit affirms in large measure the convictions of two border patrol agents alleged to have shot a drug smuggler from behind as he fled on foot toward the Mexican border: The U.S. Court of Appeals for the Fifth Circuit issued this ruling today in the controversial case of United States v. Ignacio Ramos and Jose Compean. Today's ruling affirms the agents' convictions on seven counts of the indictment but vacates their convictions on another five counts. Posted at 02:30 PM by Howard Bashman "A Prosecutor Is Called 'Relentless'": Today in The New York Sun, Josh Gerstein has an article that begins, "A federal prosecutor who has led a series of investigations into Islamic militants and Muslim groups based in Virginia, Gordon Kromberg, may soon be facing a trial of sorts himself, if defense lawyers get their way." Posted at 12:10 PM by Howard Bashman "Why It Was a Great Victory": In the August 14, 2008 issue of The New York Review of Books, Professor Ronald Dworkin will have an essay that begins, "Boumediene v. Bush is one of the most important Supreme Court decisions in recent years." Posted at 11:50 AM by Howard Bashman "Iowa case raises question: Is stripping an art?" The Associated Press provides this report. Posted at 11:40 AM by Howard Bashman  
|
|
|
|||||||||||||||||||||||
