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Thursday, January 8, 2009 "Larry Craig dropping further appeals": The Associated Press provides a report that begins, "A lawyer for former Idaho Sen. Larry Craig says they won't ask the Minnesota Supreme Court to void Craig's conviction in an airport bathroom sex sting." Posted at 12:05 PM by Howard Bashman Allowing Wiccan Iowa state prison inmates a mere three hours to celebrate the observance of Samhain does not violate federal law, the Eighth Circuit rules: Isn't it spooky that the main holiday of the Wiccan religion begins on the night of October 31st? In any event, you can access today's Eighth Circuit ruling at this link. Posted at 11:58 AM by Howard Bashman "A federal prisoner seeks to recover from the United States for copyright infringement involving the government's use of calendars he created as part of his assigned duties in prison." So begins an opinion that the U.S. Court of Appeals for the Federal Circuit issued today. Before writing-off the case as some crackpot pro se prisoner litigation, you may be interested to know that attorneys from Covington & Burling represented the prisoner both on appeal and before the trial court. Moreover, it took a 34-page, single-spaced opinion from the U.S. Court of Federal Claims to reject the prisoner's claims. Today, the Federal Circuit was able to affirm in a mere six double-spaced pages. "Billion-Dollar U.S. Verdicts Vanish After Appeals, New Rulings": Margaret Cronin Fisk of Bloomberg News has an article that begins, "The billion-dollar jury verdict has disappeared from U.S. courtrooms. For the second time in the past three years, juries in 2008 issued no awards above that amount, according to data compiled by Bloomberg News." Posted at 11:25 AM by Howard Bashman "Grave-digging case goes through motions; Judge hears arguments police had no 'probable cause' to stop the suspect": Yesterday's edition of The Telegraph Herald of Dubuque, Iowa contained an article that begins, "Late on the night of Sept. 2, 2006, Cassville Police Chief Brent McDonald investigated a report of an unoccupied, suspicious vehicle parked on a side street near St. Charles Cemetery. He found Alexander Grunke, of Mount Horeb, dressed in black, sweating. The discovery sparked an involved legal battle over grave-digging, spawning national attention and eventually reaching the Wisconsin Supreme Court." This blog's recent earlier coverage of the case appears here, here, and here. "Calif. Attorney General Pushes To Overturn Prop 8": This audio segment (RealPlayer required) appeared on yesterday's broadcast of NPR's "Day to Day." Posted at 09:00 AM by Howard Bashman "Detainees in Afghanistan want to sue for release": Lara Jakes of The Associated Press provides this report. And at "SCOTUSblog," Lyle Denniston has a post titled "Some overseas extension of habeas?" "Lori Drew cyber-bullying decision expected today": This article appears today in The St. Louis Post-Dispatch. The Associated Press reports that "Defense wants conviction dismissed in Web hoax." And at Wired.com's "Threat Level" blog, Kim Zetter has a post titled "Lori Drew Hearing Thursday to Decide Verdict's Standing." "S.F. Yelp user faces lawsuit over review": The San Francisco Chronicle today contains an article that begins, "In a case that could chill free speech online, a San Francisco chiropractor has sued a local artist over negative reviews published on Yelp, the popular Web site that rates businesses." Posted at 08:47 AM by Howard Bashman "Burris Unbanished: Democrats receive a lesson in Constitutional law." This editorial appears today in The Wall Street Journal. Posted at 08:32 AM by Howard Bashman "Are Florida's six-member juries constitutional?" Columnist Howard Troxler has this op-ed today in The St. Petersburg Times. Posted at 08:25 AM by Howard Bashman "Obama Pick to Analyze Broad Powers of President": In today's edition of The New York Times, Eric Lichtblau has an article that begins, "When Dawn Johnsen read a newly disclosed Justice Department legal opinion last April that blessed the president's broad power to authorize rough interrogation tactics, she was outraged." Posted at 08:15 AM by Howard Bashman "Obama's Regulatory Czar Likely to Set a New Tone": Today in The Wall Street Journal, Jonathan Weisman and Jess Bravin have an article that begins, "Cass Sunstein, a Harvard Law School professor who pioneered efforts to design regulation around the ways people behave, will be named the Obama administration's regulatory czar, a transition official said Wednesday." And The Washington Post reports today that "Obama to Name Lawyer Friend To Regulatory Affairs Position." "Another shot at pay equity": The Boston Globe today contains an editorial that begins, "Lilly Ledbetter, today an Alabama grandmother, was given star billing when she spoke to the Democratic National Convention last August." Posted at 07:58 AM by Howard Bashman "No Charge: In Civil-Contempt Cases, Jail Time Can Stretch On for Years." Today in The Wall Street Journal, Ashby Jones has an article that begins, "One can spend a long time in jail in the U.S. without ever being charged with a crime. It happened to H. Beatty Chadwick, a former Philadelphia-area lawyer, who has been behind bars for nearly 14 years without being charged." Posted at 07:55 AM by Howard Bashman "Obstruction of justice charge 'upped the ante' against Kent; Experts say it carries 20-year sentence and may be easier to prove than sex abuse": Mary Flood has this article today in The Houston Chronicle. And Texas Lawyer reports that "Federal Judge Pleads Not Guilty to New Criminal Charges." Wednesday, January 7, 2009 A writer for another popular law blog emails: As part of the 9th Circuit's web design, it appears all previous links to its opinions no longer work. Are you finding the same thing? If so, do you know of any way around it?Sadly, my correspondent is correct. All links to Ninth Circuit opinions originally posted at the "How Appealing" blog between May 6, 2002 and yesterday are no longer functioning. But, on the bright side, the Ninth Circuit's web site today looks much nicer than it did yesterday. Posted at 07:38 PM by Howard Bashman "His US sentence served, Noriega fights extradition": The Associated Press provides a lengthy article reporting that "On Jan. 14, a federal appeals court will hear arguments on Noriega's claim that as a POW he should immediately be repatriated, 19 years after the U.S. invaded Panama to remove him from power." Posted at 04:15 PM by Howard Bashman "The Kagan File": Today at "The BLT: The Blog of Legal Times," Tony Mauro has a post that begins, "The praise coming from Harvard Law School colleagues of Elena Kagan, who was named this week to be the next solicitor general, is effusive -- and, it turns out, longstanding. In a folder in Box 571 of the Thurgood Marshall papers at the Library of Congress, one can find Kagan's 1986 application to be Marshall's law clerk, along with recommendations from five Harvard Law professors -- no one else -- as well as her resume and even her law school transcript." Posted at 02:18 PM by Howard Bashman The U.S. Court of Appeals for the Ninth Circuit unveils a redesigned web site: You can access the web site by clicking here. The site also features "A Word About Our New Web Site" from Chief Judge Alex Kozinski, who has learned much about operating web sites in recent months. Posted at 02:05 PM by Howard Bashman "Judge in Texas pleads innocent to new sex charges": The Associated Press provides a report that begins, "A federal judge in Texas, indicted last year for allegedly making unwanted sexual advances toward his court case manager, has pleaded innocent to new charges brought by another former employee." Update: In addition, The Houston Chronicle provides a news update headlined "Judge pleads not guilty to new sex abuse charges; Already set for trial in an earlier case, he's accused of attacking another female employee." "Rights Case Could Alter Handling Of Terror Suspects": This audio segment (RealPlayer required), about the prison at Bagram Air Base in Afghanistan, appeared on today's broadcast of NPR's "Morning Edition." Posted at 11:10 AM by Howard Bashman "Kagan Picked for D.C. Post": This article appears today in The Harvard Crimson, along with an article headlined "Students, Faculty Lament Departure Of Popular Dean." Posted at 10:54 AM by Howard Bashman "Judge indicted on more sex abuse charges; Already set for trial in an earlier case, he's accused of attacking another female employee": Today in The Houston Chronicle, Lise Olsen and Mary Flood have an article that begins, "U.S. District Judge Samuel Kent was indicted by a grand jury Tuesday on new charges of sexually abusing another court employee and lying about it to prominent federal judges who investigated a misconduct complaint against him." Posted at 09:15 AM by Howard Bashman "'Paying no heed to what's right or wrong': Attorneys see echoes of Burris' actions on '92 appeal by condemned man." This article appears today in The Chicago Sun-Times. Today's edition of The Christian Science Monitor contains an article headlined "Senate rejects Burris, but law may be on his side; The would-be senator from Illinois, named by a tainted governor, vows to fight on." Mark Sherman of The Associated Press reports that "Burris' best bet could be federal court." The Philadelphia Inquirer contains an article headlined "Decades before Burris, a Phila. showdown." And in The New York Times, Walter Dellinger has an op-ed entitled "City of Cold Shoulders." "Calif. High Court Pat-Down Case May Get Punted": Today in The Recorder, Mike McKee has an article that begins, "Confronted with whether pat-down searches at professional football games violate individual privacy rights, the California Supreme Court on Tuesday seemed ready to punt the issue back to the trial courts." Posted at 09:05 AM by Howard Bashman "Appeals court ruling a 'big setback' for Skilling": This article appears today in The Houston Chronicle. And The New York Times reports today that "Ruling Could Open Door to New Trial in Enron Case." My earlier coverage of yesterday's Fifth Circuit ruling appears at this link. "Companies criticize Massey ruling; Wal-Mart, Pepsi join brief urging Benjamin recusal": The Charleston (W. Va.) Gazette contains this article today. And The Associated Press reports that "W.Va. judicial ethics case draws array of allies." "Overreach at Bagram: In its last days, the administration is still making counterproductive arguments about detainees." This editorial appears today in The Washington Post. Posted at 08:40 AM by Howard Bashman "Judge's Order Could Keep Public From Hearing Details of 9/11 Trials": The Washington Post contains this article today. Posted at 08:32 AM by Howard Bashman "Appeals Court justice receives public scolding; Judge Allen reprimanded after misconduct ruling": This article appears today in The Pensacola News Journal. And The Associated Press reports that "Florida High Court Scolds Judge for His Opinion's 'Personal Attack' on Colleague." "Reversing Discrimination": The New York Times today contains an editorial that begins, "President-elect Barack Obama and Democrats in Congress are already signaling a welcome new seriousness in Washington about protecting civil rights after eight years of erosion. They are planning swift action on legislation to overturn an unjust 2007 Supreme Court decision that has made it much harder for people to challenge illegal discrimination in employment, education, housing and other fields." Posted at 08:15 AM by Howard Bashman Tuesday, January 6, 2009 "Specter Attacks Choice for Attorney General": This article will appear Wednesday in The New York Times. And earlier this evening at "The BLT: The Blog of Legal Times," David Ingram had a post titled "Three Decisions Raise Questions About Holder's Independence, Specter Says." "U.S. court upholds L.A. ban on billboards; The U.S. 9th Circuit Court of Appeals reverses a lower-court ruling, saying the city's 2002 prohibition of outdoor advertising does not violate a sign company's 1st Amendment right to free speech": The Los Angeles Times provides this news update. My earlier coverage of today's Ninth Circuit ruling appears at this link. "Obama's Choice for Solicitor General Has Left a Breach in a Long Paper Trail": Adam Liptak will have this article Wednesday in The New York Times. Posted at 10:48 PM by Howard Bashman "Porn mogul Larry Flynt sues nephews over use of family name; Flynt says his good name in adult entertainment is being cheapened by his relatives' porn movies; They respond that Flynt is their name too": This article will appear Wednesday in The Los Angeles Times. Posted at 10:45 PM by Howard Bashman "The Fifth Circuit rules in the Skilling appeal": Tom Kirkendall has this interesting post at his "Houston's Clear Thinkers" blog. My earlier coverage of today's Fifth Circuit ruling appears at this link. "Niners defend right to pat down fans at Candlestick": Bob Egelko of The San Francisco Chronicle has a news update that begins, "The San Francisco 49ers defended their pat-down searches of fans before an apparently divided California Supreme Court today, saying ticket-buyers know they'll be searched when they walk into Candlestick Park and give up their right to argue that their privacy is being invaded." Posted at 10:40 PM by Howard Bashman "Yoo and Bybee war memos revealed": Michael Doyle of McClatchy's Washington Bureau has this post this evening at his "Suits and Sentences" blog. The memos at issue, which Doyle's blog post links to, appear to have been made publicly available earlier today. Posted at 10:35 PM by Howard Bashman "Judge indicted on more sex abuse charges; Already set for trial in an earlier case, he's accused of attacking another female employee": Lise Olsen and Mary Flood of The Houston Chronicle have a news update that begins, "U.S. District Judge Samuel Kent was indicted by a grand jury on Tuesday on new charges of sexually abusing another court employee and lying about it to a judicial disciplinary panel. Kent already is facing a trial in January on criminal charges of sexually abusing a different female employee, making him the first federal judge to be charged with federal sex crimes. He has repeatedly denied the charges. The same grand jury that indicted the jurist in August added on three additional charges on Tuesday: aggravated sexual abuse, abusive sexual contact and obstruction of justice." The Associated Press reports that "Judge indicted on additional sex charges in Texas." And the U.S. Department of Justice has issued a news release headlined "U.S. District Court Judge Charged in Superseding Indictment with Aggravated Sexual Abuse and Abusive Sexual Contact." "The First Amendment and the Law of 'Skank'": Ben Sheffner has this post today at his interesting and new "Copyrights & Campaigns" blog. My earlier post collecting related news coverage can be accessed here. "Revival of Justice: What Obama's DoJ appointees should do first." Judith Resnik has this jurisprudence essay online at Slate. Posted at 05:20 PM by Howard Bashman "Kill the Billable Hour": Evan R. Chesler, a trial lawyer who serves as presiding partner at Cravath, Swaine & Moore LLP, has this essay in the January 12, 2009 issue of Forbes magazine (via Aric Press at "The Am Law Daily"). Posted at 04:15 PM by Howard Bashman "Model Liskula Cohen sues Google over blogger's 'skank' comment": This article appears today in The New York Daily News. The New York Post reports today that "Ex-Vogue Model Snared in Ugly Web; Fighting Google over 'Skank' Blog." And The Associated Press reports that "Model wants Google to identify anonymous commenter." Meanwhile, in blog-based coverage, "Gothamist" has a post titled "Vogue Model Sues Google Over Blog's Skankusations." And "Gawker" has a post titled "Model Sues Google Over 'Skank' Blog Post." "Court rules judge correct to dismiss cold-medicine suit": This article appears today in The Arkansas Democrat-Gazette. The Arkansas News Bureau provides a report headlined "Court: Makers of cold medicines not responsible for meth epidemic." And The Associated Press reports that "Lawsuit over cold pills dismissed." My earlier coverage of yesterday's Eighth Circuit ruling appears at this link. "Former Judge Seeks Another Hearing in Case of Missing Pants": The Washington Post provides this news update. Posted at 02:58 PM by Howard Bashman "SCOTUS Review Sought in Public Accounting Board Case": Mike Scarcella has this post today at "The BLT: The Blog of Legal Times." You can view the petition for writ of certiorari by clicking here. Posted at 02:55 PM by Howard Bashman "Obama taps Harvard Law School dean as solicitor general; Kagan's views on use of power could be crucial": This article appears today in The Boston Globe, along with an article headlined "Harvard braces for Kagan departure; Law School chief could join Obama." Posted at 02:28 PM by Howard Bashman "We must determine whether a city violates the First Amendment by prohibiting most offsite commercial advertising while simultaneously contracting with a private party to permit sale of such advertising at city-owned transit stops." So begins the opinion that Circuit Judge Diarmuid F. O'Scannlain issued today on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in Metro Lights, LLC v. City of Los Angeles. Law professor Laurence H. Tribe argued on behalf of the plaintiff on appeal. The plaintiff won in the trial court but lost today before the Ninth Circuit. LA Weekly's blog covered the oral argument in a post that begins, "The United States Court of Appeals for the Ninth Circuit's Courtroom 3 - a miniature auditorium with comfortable, smoked salmon-colored seats - was mostly filled with law students who seemed to be interested in just one thing: listening to Harvard Law School Professor Laurence Tribe argue constitutional law. It was a rare treat for law students, and they weren't disappointed. Tribe, nationally recognized as one of the foremost liberal constitutional law scholars and Supreme Court practitioners, was in town from his lucrative gig as a consultant to the international law firm Akin Gump Strauss Hauer & Feld to give oral arguments in the billboard case Metro Lights v. City of Los Angeles." You can download the oral argument audio via this link (6.01MB Windows Media Audio file). And in April 2007, Los Angeles CityBeat reported on the case in an article headlined "Battle of the Billboards: L.A.'s plan to spiff up sidewalks leads to more street-level ads than it bargained for." "Court upholds Skilling conviction, orders resentencing": The Houston Chronicle has a news update that begins, "An appeals court today upheld former Enron Chief Executive Jeff Skilling's 19 federal felony convictions, but ordered a trial court to resentence him." And The Associated Press reports that "Skilling convictions upheld, resentencing ordered." You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. "Justices consider issue of witness intimidation": Today's edition of The Newark (N.J.) Star-Ledger contains an article that begins, "Addressing the issue of witness intimidation, the state Supreme Court yesterday heard arguments on whether a witness who claims to have been threatened can issue a statement rather than testify in open court." And The Associated Press reports that "NJ high court hearing case on witness intimidation." "Attorney, small Placer businesses at odds over ADA compliance": The Sacramento Bee today contains an article that begins, "Scott Norris Johnson's letters are feared and loathed. The Carmichael lawyer admonishes small-business owners when their property is not accessible to the disabled. He recommends that the businesses make improvements within 90 days -- or else. Johnson's letters don't say specifically what the consequence will be. But Johnson, who is quadriplegic, is one of the busiest litigators in federal courts in California." Posted at 08:24 AM by Howard Bashman "Gay-marriage opponents attack Jerry Brown's argument to void Proposition 8; Legal briefs filed Monday say the California attorney general's theory 'fails at every level' and contradicts the judiciary's role; The state Supreme Court could hear oral arguments as soon as March": This article appears today in The Los Angeles Times. The San Francisco Chronicle reports today that "Prop. 8 proponents say Brown 'profoundly wrong.'" And in The San Jose Mercury News, Howard Mintz reports that "Another wave of legal arguments filed over California's Proposition 8." "The law is on Blagojevich's side: No matter what you think of him, the Illinois governor's appointment of Roland Burris to the Senate meets the constitutional test." Erwin Chemerinsky has this op-ed today in The Los Angeles Times. Posted at 08:18 AM by Howard Bashman "California Supreme Court to Hear Arena Search Case": This article appears today in The New York Times. And yesterday in The San Jose Mercury News, Howard Mintz reported that "State court considers challenge to 49ers' security searches of fans." "Should Animal Cruelty on Film Be Illegal?" Today's installment of Adam Liptak's "Sidebar" column begins, "A decade ago, Congress decided it was time to address what a House report called 'a very specific sexual fetish.' There are people, it turns out, who take pleasure from watching videos of small animals being crushed." My earlier coverage of the Third Circuit's en banc ruling on this issue can be accessed here. "Fierce Bush Critic Picked for Justice Post": Today in The Wall Street Journal, Evan Perez and Jess Bravin have an article that begins, "President-elect Barack Obama picked an outspoken critic of President George W. Bush over terrorist interrogations for a top Justice Department job, part of a liberal lineup at the department that is likely to overhaul national-security policy." The newspaper also contains an editorial entitled "What Congress Knew About 'Torture.'" Today in The Washington Post, Carrie Johnson and Robert Barnes report that "Obama Nominates Four To Senior Justice Posts." In The Los Angeles Times, Josh Meyer and David G. Savage report that "Obama picks Clinton officials for four Justice Department posts; Harvard Law Dean Elena Kagan would become the first female solicitor general; Other key jobs go to Bush torture policy critic Dawn Johnsen and transition team members David Ogden and Tom Perrelli." The New York Times reports that "Obama Names 4 for Justice Jobs in Break From Bush Path." In USA Today, Joan Biskupic reports that "Key Justice nominees rooted in academia." And law.com reports that "Obama Names Choices for Key DOJ Posts." "Ex-Detainee of U.S. Describes a 6-Year Ordeal": Today's edition of The New York Times contains an article that begins, "When Muhammad Saad Iqbal arrived home here in August after more than six years in American custody, including five at the military prison at Guantánamo Bay, Cuba, he had difficulty walking, his left ear was severely infected, and he was dependent on a cocktail of antibiotics and antidepressants." Posted at 07:55 AM by Howard Bashman "U.S. judge revives lawsuit over Bush wiretaps": Today in The San Francisco Chronicle, Henry K. Lee has an article that begins, "A defunct Islamic charity in Oregon that says it was illegally wiretapped by federal authorities can pursue its lawsuit challenging President Bush's clandestine eavesdropping program, a federal judge in San Francisco ruled Monday." The Associated Press reports that "Judge reinstates Islamic group's wiretapping suit." And Electronic Frontier Foundation's "Deeplinks" blog has a post titled "Al-Haramain Warrantless Spying Case Can Proceed." You can access yesterday's ruling of the U.S. District Court for the Northern District of California at this link. "Justice Requires 12 Angry Men: Small juries are less likely to get the verdict right." Steven Calabresi and Michael Saks have this op-ed today in The Wall Street Journal. Posted at 07:45 AM by Howard Bashman Monday, January 5, 2009 "9-cent IRS dilemma leaves lawyer confused; He owes a nickel and is due 4-cent refund": Saturday's edition of The Detroit Free Press contained this article (via "TaxProf Blog"). Posted at 09:42 PM by Howard Bashman "Griffin Bell, Ex-Attorney General, Dies at 90": This obituary will appear Tuesday in The New York Times. On this evening's broadcast of NPR's "All Things Considered," Nina Totenberg had an audio segment entitled "Former Attorney General Griffin Bell Dies" (RealPlayer required). And Stephen Louis A. Dillard of the "Southern Appeal" blog has this profile of Griffin Bell in the Encyclopedia of Great American Judges. "Obama's Justice nominees signal end of Bush terror tactics": Greg Gordon of McClatchy Newspapers has an article that begins, "In filling four senior Justice Department positions Monday, President-elect Barack Obama signaled that he intends to roll back Bush administration counter-terrorism policies authorizing harsh interrogation techniques, warrantless spying and indefinite detentions of terrorism suspects. The most startling shift was Obama's pick of Indiana University law professor Dawn Johnsen to take charge of the Office of Legal Counsel, the unit that's churned out the legal opinions that provided a foundation for expanding President George W. Bush's national security powers." Posted at 08:30 PM by Howard Bashman "Obama Names Law School Dean Solicitor General; Kagan met Obama, a fellow Law School graduate, when both taught at the University of Chicago Law School": The Harvard Crimson provides this news update. And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "'Superstar' Elena Kagan Is Named SG." "Jerry Brown wins praise, criticism for stance on Proposition 8": This front page article appears today in The Sacramento Bee. Posted at 08:22 PM by Howard Bashman "California Supreme Court says breakaway parish can't take national church's property; The ruling comes after a Newport Beach parish split from the U.S. Episcopal church over the ordination of a gay bishop; Other denominations could be affected": Maura Dolan and Duke Helfand of The Los Angeles Times have this news update. The Orange County Register has a news update headlined "Ruling: Church that split off over gays can't keep property; California Supreme Court rules that St. James Anglican Church, 3 other parishes that broke with diocese don't control their houses of worship." And The Associated Press reports that "Calif. court sides with Episcopals over property." You can access today's ruling of the Supreme Court of California at this link. "Suing Cold Medication Manufacturers Because Drug Dealers Make Drugs out of the Medication": Law professor Eugene Volokh has this post today at "The Volokh Conspiracy." And at "The Am Law Daily" blog, Zach Lowe has a post titled "Shook Associate Wins 'Meth' Case at 8th Circuit." My earlier coverage of today's Eighth Circuit ruling appears at this link. On today's broadcast of NPR's "Morning Edition": The broadcast contained audio segments entitled "Obama Faces Conundrum In Closing Guantanamo" and "Murals Depict Power Of Law And Justice." The murals segment is about art found on the walls of the Justice Department's headquarters in Washington, DC. You can view some of the murals by clicking here. RealPlayer is required to launch these audio segments. Unanimous three-judge Seventh Circuit panel rejects due process challenge to Chicago's system of enforcing traffic violations captured by red light cameras: Chief Judge Frank H. Easterbrook delivered the opinion of the court. The plaintiffs had claimed that Chicago's method of enforcement was unconstitutional because the owner of an automobile is fined even though someone else was driving the car at the time of the violation. The Federal Highway Administration provides information about red light cameras here and here. "The Counties cite no case, federal or state, that recognizes a cause of action available to a government entity to recover against pharmaceutical manufacturers for the legal sale of products containing pseudoephedrine based on the subsequent use of the product in the manufacture of methamphetamine." The U.S. Court of Appeals for the Eighth Circuit has today issued a decision that affirms the dismissal of a lawsuit that twenty counties in Arkansas brought against various pharmaceutical manufacturers of products containing ephedrine or pseudoephedrine to recoup the costs expended by the counties in dealing with the societal effects of the methamphetamine epidemic in Arkansas. Posted at 12:18 PM by Howard Bashman "Griffin Bell, Carter's attorney general, dies": The Atlanta Journal-Constitution provides this news update. And The Associated Press provides a report headlined "Carter Attorney General Griffin B. Bell dies at 90." Bell also served from 1961 through 1976 as a judge on the U.S. Court of Appeals for the Fifth Circuit. He originally joined the court as a recess appointee but was then confirmed by the U.S. Senate four months later. Another month, and another Freedom of Information Act loss for The Associated Press before the U.S. Court of Appeals for the Second Circuit: On December 1, 2008, as I noted in this post from that morning, the U.S. Court of Appeals for the Second Circuit ruled that The AP has no right to access John Walker Lindh's petitions filed with the U.S. Department of Justice's Office of Pardon Attorney seeking a reduction in his twenty-year prison sentence. You can access that decision at this link. And today, the Second Circuit has reversed the ruling of a New York City-based federal district court that had ordered the Department of Defense to disclose identifying information of Guantanamo Bay detainees contained in DOD records documenting allegations of abuse by military personnel and by other detainees, and identifying information of family members contained in personal letters sent to two detainees and submitted by those detainees to Administrative Review Boards. You can access today's ruling at this link. In early news coverage of today's ruling, The AP has a report headlined "US appeals court: Detainee IDs can be secret." "Fair Pay for Judges: Congress should give the federal judiciary the bump-up legislators are getting." This editorial appeared yesterday in The Washington Post. Posted at 11:45 AM by Howard Bashman President-elect Obama announces he will nominate Harvard Law School Dean Elena Kagan to serve as Solicitor General of the United States: The text of the announcement appears here at "Talking Points Memo." And via this post at "SCOTUSblog," you can access the text of an email that Dean Kagan has circulated today to the Harvard Law community. Additional coverage is available from The Associated Press, The Washington Post, Politico.com, and NBC News correspondent Pete Williams. "Justices ready for Candlestick pat-down case": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "The California Supreme Court could set new ground rules for the clash between privacy and security in a case from an unusual setting - Candlestick Park, where 49ers fans are subjected to pat-down searches before entering the stadium. The court hears arguments Tuesday in an appeal by a Danville couple whose lawsuit challenging the pat-downs was tossed out on the grounds that they consented to be searched when they bought season tickets. Their lawyers say any consent was coerced and that a company could give the same rationale for conducting body searches at work or wiretapping customers' phones, as long as it announced its intentions ahead of time." I agree that the lower court's consent rationale is unpersuasive. "Feinstein taps bipartisan panels to pick judges": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 08:25 AM by Howard Bashman "Disabled man's crusade a bane to business owners; If your counters are too high or parking spaces too narrow, beware of disabled activist Thomas Mundy; He and others like him say lawsuits are the only way to enforce ADA compliance": Today in The Los Angeles Times, Carol J. Williams has this front page article. Posted at 08:22 AM by Howard Bashman "What to Do About the Torturers?" David Cole has this review in the January 15, 2009 issue of The New York Review of Books. Posted at 08:10 AM by Howard Bashman "Restore the Senate's Treaty Power": Today in The New York Times, John R. Bolton and John Yoo have an op-ed that begins, "The Constitution's Treaty Clause has long been seen, rightly, as a bulwark against presidential inclinations to lock the United States into unwise foreign commitments." Posted at 08:04 AM by Howard Bashman "A new seating order on the bench": The Providence (R.I.) Journal today contains an article that begins, "The sunlight streams in, reflecting off the polished wood paneling where portraits of former Rhode Island Supreme Court justices hang. This is the room behind the bench where the justices hear appeals, behind the curtain that leads to the bench." Posted at 07:47 AM by Howard Bashman "The California Attorney General's Brief in the California Supreme Court Case Challenging Proposition 8: The Questions It Raised, and Why It Surprised Many Observers." Vikram David Amar and Alan Brownstein have this essay online at FindLaw. Posted at 07:42 AM by Howard Bashman "2008 decline in U.S. executions has states reflecting on capital punishment": The Kansas City Star contains this article today. Posted at 07:40 AM by Howard Bashman Sunday, January 4, 2009 "Balance Of Power Swings To Liberal Legal Group": This audio segment (RealPlayer required) appeared on the most recent broadcast of NPR's "Weekend Edition Saturday." Posted at 11:14 PM by Howard Bashman "California Supreme Court to take on state law granting in-state tuition to illegal immigrants; The justices have accepted the case that began with a lawsuit filed by out-of-state students and their parents, who argue that such a benefit violates federal law": This article will appear Monday in The Los Angeles Times. Posted at 11:08 PM by Howard Bashman "Justices' Ruling in Discrimination Case May Draw Quick Action by Obama": In Monday's edition of The New York Times, Robert Pear will have an article that begins, "President-elect Barack Obama and Democrats in Congress are planning swift action to overturn a Supreme Court decision that made it much harder for people to challenge discrimination in employment, education, housing and other fields." Posted at 11:05 PM by Howard Bashman "William R. Glendon, 89, Dies; Argued for Right to Publish Pentagon Papers": The New York Times contains this obituary today. And The Washington Post today contains an obituary headlined "Barbara McDowell; Leader In Public Interest Advocacy." "Cuban-American Jorge Labarga of Palm Beach County named to Florida Supreme Court by Gov. Charlie Crist; Jorge Labarga, 56, wins out in process full of controversy": This article appeared yesterday in The South Florida Sun-Sentinel. And The St. Petersburg Times reported yesterday that "Cuban-American joins Florida's top court." "New California law protects school journalism advisors; The act, said to be the nation's most stringent, prohibits school administrators from retaliating against advisors for trying to protect student press freedoms": The Los Angeles Times today contains an article headlined "When California public schools resume classes Monday, high school and college journalism advisors will be protected by a new state law designed to promote 1st Amendment freedoms." Posted at 06:50 PM by Howard Bashman "Griffin Bell's condition worsens; Legal icon from Georgia: Former attorney general cites desegregation plan as a most important achievement." This article appears today in The Atlanta Journal-Constitution. Posted at 06:44 PM by Howard Bashman "Obama must pick judges fast": Today in The Philadelphia Inquirer, law professor Carl Tobias has an op-ed that begins, "One of the most significant assignments that the Constitution delegates to the president is the appointment of federal judges. One of the initial tasks that President Barack Obama should undertake in discharging this crucial responsibility is to fill the two vacancies on the 14-member U.S. Court of Appeals for the Third Circuit with outstanding jurists." Posted at 06:25 PM by Howard Bashman "She's thawed Harvard Law; Kagan may be an Obama pick": This article appears today in The Boston Globe. Posted at 04:44 PM by Howard Bashman Saturday, January 3, 2009 "Court action sought on Massey-Benjamin; Brief asks justices be barred from voting on cases involving large campaign contributors": Wednesday's edition of The Charleston (W. Va.) Gazette contained an article that begins, "In a brief filed this week, a coal company owner and his company asked the U.S. Supreme Court to make it illegal for a state Supreme Court justice to accept millions in campaign contributions from an individual and then vote on legal decisions involving that same individual." You can view the Brief for Petitioners, filed on Monday of this week, by clicking here. "I'll Have to Call My Lawyer": The New York Times today contains an editorial that begins, "'Good Samaritan' laws give legal protection to bystanders who courageously come to the aid of people in emergencies. Last month, the California Supreme Court gave its state law a disturbingly narrow interpretation that could discourage future good Samaritans from providing help out of fear of being sued." Posted at 10:40 PM by Howard Bashman "US appeals court pulls ruling on mirror ornaments": The Associated Press provides a report that begins, "In an unusual move, a federal appeals court has withdrawn a decision that struck down a Michigan law aimed at restricting what can hang on rearview mirrors." Posted at 10:37 PM by Howard Bashman "High court: Yelling at cops was protected speech." The Associated Press provides a report that begins, "A man who yelled the 'f' word and other profanities at passing police officers did not commit a crime because he was protected by the constitutional guarantee of free speech, the South Dakota Supreme Court ruled Wednesday." And online at the First Amendment Center, David L. Hudson Jr. has an essay entitled "S.D. high court rules man's cursing at cops was free speech." You can access Tuesday's ruling of the Supreme Court of South Dakota at this link. "The Supreme Court's Basketball Games": Stuart Buck has this post at "The Buck Stops Here." Posted at 10:22 PM by Howard Bashman "Friends Mourn Death of Barbara McDowell of D.C. Legal Aid Society": Tony Mauro has this post today at "The BLT: The Blog of Legal Times." Posted at 10:20 PM by Howard Bashman "Scouts case sent to state high court; Leases with city are at center of dispute": Today in The San Diego Union-Tribune, Greg Moran has an article that begins, "The state Supreme Court, after a nearly two-year delay, will be asked to determine whether city of San Diego leases of Balboa Park land violate the state constitution's ban on government preference for religious groups. The move Wednesday by the 9th U.S. Circuit Court of Appeals, which is hearing a lawsuit challenging the leases, is the latest turn in the long-running case. The appeals court action came with a scathing dissenting opinion warning that the court had made a serious and far-reaching error." My earlier coverage of Wednesday's Ninth Circuit order appears at this link. "Law Deans Are Said to Be Top U.S. Solicitor General Candidates": Greg Stohr and James Rowley of Bloomberg News have a report that begins, "The first female deans of the Harvard and Stanford law schools are the top candidates to serve as Barack Obama's voice at the U.S. Supreme Court, according to people familiar with the selection process. Harvard Law School Dean Elena Kagan, 48, and former Stanford Law School Dean Kathleen Sullivan, 53, are the two leading contenders for the position of solicitor general, a position informally known as the 'tenth justice.' For either, the job ultimately might be a step toward a seat on the Supreme Court itself." Posted at 10:12 PM by Howard Bashman "Lawmaker in Kentucky Mixes Piety and Politics": Sunday's edition of The New York Times will contain this article. Posted at 10:04 PM by Howard Bashman "Portrait Emerges of Anthrax Suspect's Troubled Life": This lengthy article will appear Sunday in The New York Times. Posted at 10:03 PM by Howard Bashman Available online from law.com: Tony Mauro has an article headlined "For the Supreme Court, Tradition Is on Tap at Inaugural." And the January 2009 issue of American Lawyer magazine contains an article headlined "Beyond Appealing: Robbins Russell; The Washington, D.C., appellate powerhouse is also making a mark in high-stakes civil and criminal trials." "Obama's View on Power Over Detainees Will Be Tested Early": Today in The New York Times, Adam Liptak has an article that begins, "Just a month after President-elect Barack Obama takes office, he must tell the Supreme Court where he stands on one of the most aggressive legal claims made by the Bush administration -- that the president may order the military to seize legal residents of the United States and hold them indefinitely without charging them with a crime." Posted at 07:45 AM by Howard Bashman "Khat -- is it more coffee or cocaine? The narcotic leaf is a time-honored tradition in Africa but illegal in the U.S., where demand is growing." This article appears today in The Los Angeles Times. Posted at 07:44 AM by Howard Bashman Friday, January 2, 2009 "Obama Could Appoint 2 Supreme Court Justices": This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today's broadcast of NPR's "Morning Edition." Posted at 04:40 PM by Howard Bashman "Supreme Success: Thanks to Bush, we have a chance for a Roberts Court." M. Edward Whelan III has this essay in the December 29, 2008 print edition of National Review magazine. Posted at 04:20 PM by Howard Bashman "Gonzo'll Never Work in This Town Again; Former Attorney General Cries Victim While Being In Denial About His Colossal Failures": CBS News legal analyst Andrew Cohen has this installment of his "CourtWatch" column today. Posted at 01:55 PM by Howard Bashman "Court case: Hide a hamster, go to the slammer?" Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "Own a goldfish, go to jail? Unlikely, perhaps, but it's possible under a ruling this week by the California Supreme Court, which upheld a judge's order requiring a man convicted of drunken driving to tell his probation officer if he had any pets in his home." My earlier coverage of the ruling appears at this link. "Long Held in Capital Case, Man Sues to Get a Lawyer": The New York Times today contains an article that begins, "A man awaiting trial in a Georgia prison has spent the last eight months without a lawyer while prosecutors prepare a death penalty case against him, a lawsuit brought on his behalf says." And yesterday in The Atlanta Journal-Constitution, Bill Rankin had an article headlined "Death case defendant sues for lack of lawyers." "U.K. May Take More Gitmo Detainees": This article appears today in The Wall Street Journal. And The New York Times provides a news update headlined "Nations Wary of Taking in Detainees." "Porn Star Sentenced on Tax Evasion Charges": Paul L. Caron has this post at "TaxProf Blog." Posted at 07:50 AM by Howard Bashman Thursday, January 1, 2009 "How Did They Get It So Wrong? Left and right differ on the decisions, but each side has its 'worst' list." David G. Savage has this article in the January 2009 issue of ABA Journal magazine. Posted at 07:20 PM by Howard Bashman "In Several States, A Push to Stem Cyber-Bullying; Most of the Laws Focus on Schools": The Washington Post contains this article today. Posted at 07:15 PM by Howard Bashman "New Sentencing Guidelines For Crack, New Challenges": This front page article appears today in The Washington Post. Posted at 07:14 PM by Howard Bashman "Roland Burris battles roadblocks to U.S. Senate; stall tactics likely by others; Gov. Rod Blagojevich's pick to replace Barack Obama vows to avoid scene in Washington": Mike Dorning and James Oliphant have this article today in The Chicago Tribune. Posted at 07:12 PM by Howard Bashman "U.S. executions reach 14-year low; Death sentences also fell in 2008 to the lowest number since 1976, according to an anti-death-penalty research group": Carol J. Williams has this article today in The Los Angeles Times. And today's edition of The Washington Post contains an editorial entitled "A Relic in Maryland: A state commission has given lawmakers more good reasons to end capital punishment." "On Clemency Fast Track, via the Oval Office": Today in The New York Times, Charlie Savage has an article that begins, "In December 2007, the names of about 700 federal prisoners seeking commutations reached President Bush's desk." Posted at 07:08 PM by Howard Bashman "Appeals court overturns 3-strikes sentence": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "In a rare case of a court overturning a three-strikes sentence, a federal appeals panel has rejected a term of 28 years to life for a sex offender from Los Angeles who missed one of his annual deadlines for reporting his whereabouts to police." My earlier coverage of Tuesday's Ninth Circuit ruling appears at this link. Available online from law.com: An article reports that "Conservatives on 9th Circuit Can't Rescue Boy Scouts From Establishment Clause Claim." My earlier coverage of yesterday's Ninth Circuit order appears at this link. In other news, "Attorney Caught in Internet Sex Sting Suspended From Practice for 3 Years; Rare split N.Y. appellate court suspends former Kirkland & Ellis associate who admitted attempting to meet purported 13-year-old for sex." This blog's earlier coverage of the ruling appears here. Shannon P. Duffy of The Legal Intelligencer reports that "3rd Circuit Remands Price-Fixing Class Action." My earlier coverage of Tuesday's Third Circuit ruling appears at this link. And Amaris Elliott-Engel of The Legal Intelligencer reports that "Judge Asks Pa. Appeals Court to Uphold Dismissal of Consolidated HRT Cases." I am mentioned in the article. "Doe Vs. SexSearch Dismissal Affirmed; One attorney said the case is 'over'": Adult Video News provides this report [caution: linked article features advertising that is not safe for work]. My earlier coverage of Tuesday's Sixth Circuit ruling appears at this link. "Analysis: Must Senate seat Burris?" Lyle Denniston has this post at "SCOTUSblog." Posted at 10:33 AM by Howard Bashman "Roberts Tones Down Annual Salary Plea; Cost-of-Living Increase Sought for Judges": Robert Barnes has this article today in The Washington Post. Today in The New York Times, Adam Liptak has an article headlined "The State of Courts, and a Plea for a Raise." In The Los Angeles Times, David G. Savage reports that "Federal judges lose bid for pay raises; A quirk in federal law prevents them from getting automatic cost-of-living increases; A bill before Congress to boost their salaries showed promise -- but that was before the Wall Street meltdown." Mark Sherman of The Associated Press has a report headlined "Chief justice: Inflation outpacing pay for judges." Greg Stohr of Bloomberg News reports that "U.S. Chief Justice Renews Push for Pay Raise for Federal Judges." Bill Mears of CNN.com reports that "Chief justice pleads for higher judicial salaries." At WSJ.com's "Washington Wire" blog, Jess Bravin has a post titled "Chief Justice Roberts's Annual Appeal." And online at FindLaw, Carl Tobias has an essay entitled "The Federal Judiciary and Chief Justice Roberts's Year-End Report: What We Can Likely Expect, and the Role the Recession May Play." Wednesday, December 31, 2008 "Burris asks Illinois Supreme Court to confirm his nomination": CNN.com provides this report. And The Associated Press reports that "Burris goes to court to push appointment through." "Chief Justice: Judges want equal treatment." Lyle Denniston has this post at "SCOTUSblog" about Chief Justice John G. Roberts, Jr.'s 2008 Year-End Report on the Federal Judiciary. And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Annual Report on the Judiciary: Costs are Down, and Pay Needs to Go Up." Unlike in previous years, when the annual report was embargoed until midnight on January 1st, this year the report was only embargoed until 6 p.m. on December 31st. "Today, our court promulgates an astonishing new rule of law for the nine Western States. Henceforth, a plaintiff who claims to feel offended by the mere thought of associating with people who hold different views has suffered a legally cognizable injury-in-fact." The U.S. Court of Appeals for the Ninth Circuit today issued an order denying rehearing en banc in Barnes-Wallace v. San Diego. Circuit Judge Diarmuid F. O'Scannlain has issued an opinion dissenting from the denial of rehearing en banc that begins: Today, our court promulgates an astonishing new rule of law for the nine Western States. Henceforth, a plaintiff who claims to feel offended by the mere thought of associating with people who hold different views has suffered a legally cognizable injury-in-fact. No other circuit has embraced this remarkable innovation, which contradicts nearly three decades of the Supreme Court's standing jurisprudence. In practical effect, the three-judge panel majority's unprecedented theory creates a new legal landscape in which almost anyone who is almost offended by almost anything has standing to air his or her displeasure in court. I must respectfully, but vigorously, dissent from our failure to rehear this case en banc.Including Judge O'Scannlain, a total of six judges joined in this dissent. My first post about the Ninth Circuit's original ruling on this appeal appeared on December 18, 2006. "Louisiana to appeal 2 dads on birth certificate": The Associated Press provides a report that begins, "The state of Louisiana says it will appeal a federal court order to put the names of two adoptive fathers on their son's birth certificate. State Health Secretary Alan Levine said Wednesday the state is being forced to grant more legal recognition to the couple than required under the U.S. Constitution." And in earlier coverage, The Times-Picayune of New Orleans last Saturday published an article headlined "Record must have both men's names; Couple sues in state over adopted boy." U.S. District Judge Jay C. Zainey issued last week's ruling of the U.S. District Court for the Eastern District of Louisiana. "Court rules against man who taped nude girlfriend": Today's edition of The Milwaukee Journal Sentinel contains an article that begins, "Someone who agrees to get naked in front of another person still retains an expectation that the nudity won't be recorded, the state Court of Appeals ruled Tuesday. In a split decision, the court upheld the felony conviction of a man who secretly videotaped his girlfriend while she was nude." My earlier coverage of yesterday's Wisconsin Court of Appeals ruling appears at this link. "Does Senate have authority to block Blagojevich's appointment of Roland Burris? Supreme Court has said in past that House and Senate cannot refuse to seat someone who meets qualifications." Mike Dorning and David G. Savage have this article today in The Chicago Tribune. Posted at 11:10 AM by Howard Bashman "Judges rule three-strikes sentence unconstitutional; The U.S. 9th Circuit Court of Appeals says a 28-years-to-life penalty for a sex offender who failed to register at the proper time is cruel and unusual punishment": Carol J. Williams has this article today in The Los Angeles Times. My earlier coverage of yesterday's Ninth Circuit ruling appears at this link. "Atheists Sue to Get Prayer, God Out of Obama's Swearing-In": The Washington Post contains this article today. And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Atheists Sue Chief Justice Over Inaugural Oath." "Judge Agrees With Bush in Ruling on 2 Detainees": This article appears today in The New York Times. And at "SCOTUSblog," Lyle Denniston has a post titled "Judge rules against two detainees." "Pyrrhic Torture Trials": Today in The Washington Post, columnist Ruth Marcus has an op-ed that begins, "Should Bush administration officials be put on trial for crimes such as authorizing torture?" Posted at 08:50 AM by Howard Bashman "State judges' vacation reduced; Plan meant to save $685,000 lets them buy back time off": The Baltimore Sun today contains an article that begins, "The Court of Appeals decided yesterday to reduce vacation days for judges and allow them to buy back leave time, a cost-saving plan that some judges grudgingly backed amid concerns that it would burden those in busier trial courts. The appellate court unanimously approved the measure, saying the judiciary wants to do its part to help fix Maryland's budget crisis." Posted at 08:37 AM by Howard Bashman "Fumo lawyer objects to blog trial coverage": This article appears today in The Philadelphia Daily News. Posted at 08:24 AM by Howard Bashman "Gonzales Defends Role in Antiterror Policies": Today in The Wall Street Journal, Evan Perez has an article that begins, "Alberto Gonzales, who has kept a low profile since resigning as attorney general nearly 16 months ago, said he is writing a book to set the record straight about his controversial tenure as a senior official in the Bush administration." Posted at 08:14 AM by Howard Bashman "On busy last day, Williams works on health benefits case": The Providence (R.I.) Journal today contains an article that begins, "On his last day as the head of the state judiciary, Supreme Court Chief Justice Frank J. Williams yesterday spent two hours in mediation with lawyers for the City of Providence and the municipal unions over whether the self-insured city can go ahead with switching its health-benefits administrators tomorrow." Posted at 08:03 AM by Howard Bashman "The Supreme Court's Latest Decision on Federal Preemption of State Law: Why it Is Significant, and What it Hints About the Likely Outcome of the Upcoming Major Preemption Decision." Anthony J. Sebok has this essay online at FindLaw. Posted at 07:50 AM by Howard Bashman Tuesday, December 30, 2008 "Court: Religious objection won't stop DNA sampling." Jesse J. Holland of The Associated Press provides this report. My earlier coverage of today's D.C. Circuit ruling appears at this link. "Court upholds conviction for videotaping nude girlfriend": The Wisconsin State Journal provides a news update that begins, "In a decision that will have an impact on a similar Dane County case, a state appeals court ruled Tuesday that it was illegal for a former Waunakee High School teacher to secretly videotape his then-girlfriend in the nude, even though she was willingly nude in front of him." And The Associated Press provides a report headlined "Wis. court: Nude people still have privacy rights." You can access today's ruling of a divided three-judge panel of the Wisconsin Court of Appeals at this link. "Sex Offender Keeps Law License": At his "New York Personal Injury Law Blog" today, Eric Turkewitz has a post that begins, "In a decision released today, a sharply divided panel of the Appellate Division, First Department determined that an admitted sex offender will keep his New York law license." The court's ruling can be accessed here. Posted at 04:10 PM by Howard Bashman "Doe v. SexSearch Affirmed by 6th Circuit, But Not on 230 Grounds": Eric Goldman has this post at his "Technology & Marketing Law Blog." My earlier coverage of today's Sixth Circuit ruling appears at this link. "This case is finito." So ends an opinion that Seventh Circuit Judge Richard A. Posner issued today in typescript form on behalf of a unanimous three-judge panel of that court. Posted at 03:25 PM by Howard Bashman A sentence of 28 years to life imprisonment under California's "Three Strikes" law for failing to update annual sex offender registration within five working days of one's birthday violates the prohibition against cruel and unusual punishment: So holds a mostly conservative three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in an opinion issued today. Update: At his "Sentencing Law and Policy" blog, Doug Berman has this post about the ruling. "Group sues to reinstate firearms ban": Jesse J. Holland of The Associated Press has a report that begins, "The Brady Campaign to Prevent Gun Violence sued the Bush administration Tuesday in hopes of stopping a new policy that would allow people to carry concealed, loaded guns in most national parks and wildlife refuges." Via the Brady Campaign's web site, you can access a news release titled "Brady Campaign Sues Interior Department Over Rule Allowing Concealed Guns In Parks,
Will Seek Injunction" and the complaint initiating suit. The U.S. Court of Appeals for the Third Circuit has today issued a decision making it much more difficult to grant class certification in antitrust cases: Because the decision is not yet available over that court's web site, I have uploaded a copy of today's ruling in In re: Hydrogen Peroxide Antitrust Litigation at this link. Update: The opinion is now also available via the Third Circuit's web site at this link. D.C. Circuit rejects prisoner's challenge under the Religious Freedom Restoration Act to the DNA Analysis Backlog Elimination Act of 2000: You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. Posted at 11:40 AM by Howard Bashman The U.S. Court of Appeals for the Sixth Circuit has today issued its ruling in John Doe v. SexSearch.com: The opinion begins: Pseudonymous plaintiff John Doe appeals the dismissal of his complaint against defendant, SexSearch.com ("SexSearch"), an online adult dating service that facilitates sexual encounters between its members. Doe used SexSearch to meet Jane Roe, who described herself as an eighteen-year-old female. The two met and had sexual relations. Roe, it turned out, was actually fourteen years old, and Doe was consequently arrested and charged with three counts of unlawful sexual conduct with a minor. In an unusual case of first impression, Doe then filed suit against SexSearch, alleging an array of violations under Ohio law, most of which are variations on the claim that SexSearch is at fault for Doe's sexual relationship with a minor and the harm that resulted from his arrest.In summarizing today's holding, the court explains, "Because we agree with the district court that Doe's complaint failed to state a claim, we do not reach the question of whether the Communications Decency Act provides SexSearch with immunity from suit. We do not adopt the district court's discussion of the Act, which would read section 230 more broadly than any previous Court of Appeals decision has read it, potentially abrogating all state- or common-law causes of action brought against interactive Internet services." The district court's opinion granting defendants' motion to dismiss can be accessed here. You can access the plaintiff's complaint initiating this lawsuit at this link. You can access defendants' motion to dismiss at this link. Plaintiff's response to the motion to dismiss can be accessed here, while defendants' reply brief in support of the motion to dismiss can be viewed at this link. Justin Bourne of Adult Video News covered the federal district court's decision dismissing the lawsuit in an article headlined "U.S. Judge rules in Favor of SexSearch; Federal court dismisses 'negligence' claim against networking and dating sites." [Caution -- article contains images that are not work-safe.] And more recently, in covering the appellate proceeding, Bourne had a blog post titled "Sex Search Files Appellate Brief in U.S. Court of Appeals; Company urges court to deny appeal against lawsuit's dismissal." "Lawsuit begins with end of parrot; Inmates' rights questioned after man not allowed to make call": Yesterday's edition of The News Journal of Wilmington, Delaware contained an article that begins, "The death of Freddy the parrot could be debated in federal courts. It also could raise questions about the right of the accused to get 'one phone call' after being arrested." (Via "Obscure Store.") Posted at 09:27 AM by Howard Bashman "Fate of inmates unsettled if Gitmo closes; Terror experts assess options, risks to U.S." This article appears today in USA Today. And online at FindLaw, Joanne Mariner has an essay entitled "Advice to Obama on Closing Guantanamo." "State Supreme Court rules those on probation must tell officers about any pet they own": The Press-Enterprise of Riverside, California today contains an article that begins, "Whether it's Fluffy or Fido, probationers must tell probation officers about any pet they own, the California Supreme Court ruled Monday. The decision kills a 2005 challenge from San Bernardino County Superior Court saying that the pets requirement was too general. In the opinion, the court cited the need to protect probation officers from dangerous animals when they check on probationers." You can access yesterday's ruling of the Supreme Court of California at this link. Available online from law.com: Shannon P. Duffy of The Legal Intelligencer reports that "3rd Circuit Slashes Punitives, Imposes 1-1 Ratio." You can access at this link last week's non-precedential ruling of a two-judge panel of the U.S. Court of Appeals for the Third Circuit. And in other news, an article is headlined "Will Famed Rocket Docket Fizzle Out in Wake of Federal Circuit Ruling? Texas court slapped down for holding onto case; ruling bolsters recent 5th Circuit order." "Bush has successfully defended anti-terrorism policies; Domestic surveillance, rounding up Muslim men after Sept. 11, harsh interrogations -- the administration has beat back nearly all legal challenges to its controversial programs": David G. Savage has this front page news analysis today in The Los Angeles Times. Posted at 08:50 AM by Howard Bashman "Civil rights pioneer leaving appellate bench": This article appears today in The Atlanta Journal-Constitution. Posted at 08:45 AM by Howard Bashman "In N.C., death penalty gets rarer; In the 31 years since the punishment was reinstated, the numbers of death cases heard and sentences handed out have steeply declined": The News & Observer of Raleigh, North Carolina today contains an article that begins, "North Carolina will finish this year with just one defendant sentenced to death, a record low since the penalty was reinstated 31 years ago." Posted at 08:40 AM by Howard Bashman Monday, December 29, 2008 "The contributions of United States Supreme Court Associate Justices Joseph Story, Louis D. Brandeis, Felix Frankfurter, and William J. Brennan, Jr. will be commemorated next September with the issuance of the United States Supreme Court Justices stamps." So announced the U.S. Postal Service in a news release issued today. You can view an image of the forthcoming postage stamps by clicking here. Posted at 04:45 PM by Howard Bashman "Liberal legal group comes to the fore": Politico.com today has an article that begins, "Sixteen appointees and advisers helping president-elect Barack Obama's Justice Department transition efforts all recently sat on the board of an organization little known outside legal circles: The American Constitution Society for Law and Policy." Posted at 02:30 PM by Howard Bashman "Sixth Circuit Panel, Acting Sua Sponte, Strikes Down Statute Prohibiting Driving When Driver's Vision Is Obstructed by Dangling or Suspended Objects": Orin Kerr has this lengthy post today at "The Volokh Conspiracy." Posted at 02:24 PM by Howard Bashman  
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