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Saturday, September 5, 2009 "Argument preview: Corporations in politics." Lyle Denniston has this lengthy post at "SCOTUSblog." Posted at 08:17 AM by Howard Bashman "Bail denied in appeals by Simpson, Stewart": The Las Vegas Review-Journal today contains an article that begins, "The Nevada Supreme Court Friday denied motions for bail from O.J. Simpson and his co-defendant while they appeal their convictions for kidnapping and armed robbery." And The Associated Press reports that "Nevada high court denies OJ bid for prison release." "Federal court ruling would let city's adult shops run 24/7; Judges: City must show a compelling reason for ordinance that restricts businesses' hours, days." Today's edition of The Indianapolis Star contains an article that begins, "Adult businesses selling books, movies and sex paraphernalia in Indianapolis will be able to open on Sundays -- and 24 hours a day -- unless the city can prove there is some compelling reason why it is singling out that particular day and particular hours. A federal appeals court ruling issued Thursday casts serious doubts on the future of key parts of a 2003 city ordinance that more strictly regulates 'adult entertainment businesses' in Indianapolis." Chief Judge Frank H. Easterbrook of the U.S. Court of Appeals for the Seventh Circuit is the author of the ruling, which that court issued in typescript format on Thursday. Available online from law.com: Tony Mauro has articles headlined "Lots of Buzz Over High Court Campaign Finance Case, but Does FEC Have a Shot? Some advocates say fate of funding limits for political races is already set" and "In Revealing New Memoir, a Friend Remembers Rehnquist." And in other news, "High-Stakes Tax Dispute May Spell Solo's Second Trip to U.S. Supreme Court; At issue is whether companies can collect nearly $212M in refund claims after Kentucky's tax rules were changed." "Ashcroft can be sued over arrests, appeals court rules; A 9th Circuit panel says the ex-attorney general violated the rights of citizens held as material witnesses without cause after 9/11; Rights advocates praise the ruling in Abdullah Kidd's case": Carol J. Williams has this article today in The Los Angeles Times. Today in The New York Times, John Schwartz reports that "Panel Rules Against Ashcroft in Detention Case." Carrie Johnson of The Washington Post reports that "Court Allows Lawsuit Against Ashcroft; Former Official's Bid for Immunity In Ex-Detainee's Case Is Rejected." Bob Egelko of The San Francisco Chronicle reports that "Ashcroft can be sued over jailing 'witnesses.'" The Associated Press reports that "Appeals court rules against Ashcroft in 9/11 case." Justin Blum and Greg Stohr of Bloomberg News report that "Ashcroft Can Be Sued in Detention Case, Court Says." And law.com reports that "9th Circuit Blasts Feds for Post-9/11 Detention of 'Material Witness.'" You can access yesterday's lengthy ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link. "California takes prison-overcrowding fight to U.S. Supreme Court": Howard Mintz has this article today in The San Jose Mercury News. And in related coverage, The Los Angeles Times reports today that "Cash-strapped states revise laws to get inmates out; Mandatory sentencing laws are relaxed, parole is accelerated, and time off for good behavior is increased as states scramble to save money." Friday, September 4, 2009 Akron Aeros 5, Erie SeaWolves 1: Greetings from Cleveland, Ohio, which we have returned to tonight after watching the Aeros (the AA affiliate of the Cleveland Indians) defeat the SeaWolves (the AA affiliate of the Detroit Tigers) in Eastern League action earlier this evening in Akron. You can access the box score at this link, a game recap at this link, and an article about the game at this link. Tomorrow, it's on to the Rock and Roll Hall of Fame and Museum before watching the Cleveland Indians host the Minnesota Twins in a game that starts at 4:10 p.m. at Progressive Field. "Canada Supreme Court to hear Gitmo case": The Associated Press has this report. Posted at 03:24 PM by Howard Bashman "Supreme Court to Revisit Election Financing in Clinton Film Case": Robert Barnes of The Washington Post has this news update. Posted at 03:04 PM by Howard Bashman "Sometimes hard cases make bad law. And sometimes easy cases make bad law. Only rarely, however, do easy cases make bad law by overruling good law." So begins an opinion concurring in part, dissenting in part and concurring in the judgment that Sixth Circuit Judge Jeffrey S. Sutton issued today. Posted at 03:02 PM by Howard Bashman "Court to give same-day audio in Clinton movie case": The Associated Press has this report. And at "SCOTUSblog," Lyle Denniston has a post titled "Early release of Citizens United audio." "Supreme Court Opens Up to C-SPAN": Tony Mauro has this post at "The BLT: The Blog of Legal Times." Posted at 02:54 PM by Howard Bashman Access online today's Order List of the U.S. Supreme Court: You can access today's Order List at this link. In related coverage, at "SCOTUSblog," Lyle Denniston has a post titled "Eight-Justice Court for copyright case." "C-SPAN's 'Supreme Court Week' Debuts October 4, 2009; Original 80-minute Feature on Supreme Court; Exclusive interviews with Nine Current and Retired Justices; TV production and video-rich Website": C-SPAN issued this news release yesterday. Via YouTube, you can now access more than ten minutes of "Excerpts from C-SPAN's Interviews with Supreme Court Justices." And the web portal that C-SPAN has created for its new series can be accessed here. "Want a Wiretap Warrant? No Problem, Court Says." At Wired.com's "Threat Leval" blog, David Kravets has this post about a ruling that the U.S. Court of Appeals for the Second Circuit issued on Monday. Posted at 09:54 AM by Howard Bashman "Court: Microsoft OK to sell Word during appeal." The Associated Press has a report that begins, "The U.S. Appeals Court for the Federal Circuit says Microsoft Corp. can keep selling its Word desktop software as it appeals an unfavorable patent ruling." Update: The U.S. Court of Appeals for the Federal Circuit has now posted its stay order at this link. "Federal judges refuse to delay California prison-overcrowding order": Howard Mintz has this article today in The San Jose Mercury News. Today in The San Francisco Chronicle, Bob Egelko reports that "Judges deny governor's request on inmate cuts." The Los Angeles Times reports that "California's request to delay prison plan is rejected; Appeal will go to the U.S. Supreme Court today, aides to Gov. Arnold Schwarzenegger say." And The Associated Press reports that "Federal judges refuse to delay Calif prison ruling." "State Supreme Court: Parents can keep cars used by drug dealing son; The state Supreme Court ruled today that parents must know for certain that their children are using their cars to deal drugs before the authorities can seize those cars." This article appears today in The Seattle Times. And The Associated Press reports that "Car forfeiture overturned in Wash. drug case." Yesterday's 5-4 ruling of the Washington State Supreme Court consists of a majority opinion and a concurring and dissenting opinion. "Justices Discuss A Changing Court; Interviews With C-SPAN Reveal Tight Bonds Despite Deep Divisions": Robert Barnes has this article today in The Washington Post. Posted at 07:38 AM by Howard Bashman Thursday, September 3, 2009 "2nd Circuit Panel Wonders Whether Judge Acted Hastily in Barring Book Based on 'Catcher in the Rye'": law.com has this report. Posted at 11:33 PM by Howard Bashman Jamestown Jammers 5, Mahoning Valley Scrappers 4 (game one); Mahoning Valley Scrappers 1, Jamestown Jammers 0 (game two): Just back from Eastwood Field in Niles, Ohio, where this evening the Scrappers (the class A short-season affiliate of the Cleveland Indians) split a doubleheader with the Jammers (the class A short-season affiliate of the Florida Marlins) in New York-Penn League action. You can access the box score for game one at this link and for game two at this link. Following Tuesday night's game in Williamsport, Pennsylvania, Scrappers left fielder Jason Kipnis recommended that we visit the Eastwood Mall (on whose property Eastwood Field is located) before tonight's game. Because our seats were first row field level at first base, we were able to thank Jason for his recommendation before game one began this evening. Before the start of the second game, my son was able to get the signature of Scrappers manager Travis Fryman. And thanks to game one's first base umpire Brian DeBrauwere (who umped home plate for the second game of tonight's doubleheader) for tossing me a baseball at the conclusion of the first game in recognition of the MLB umpire hat I was wearing. Tomorrow, we will travel to Akron, Ohio, where tomorrow night we will watch the Akron Aeros (the AA affiliate of the Cleveland Indians) host the Erie SeaWolves (the AA affiliate of the Detroit Tigers) in Eastern League action. Update: Friday's edition of The Vindicator of Youngstown, Ohio reports that "Scrappers split doubleheader with Jamestown." And Friday's edition of The Post-Journal of Jamestown, New York reports that "Jammers, Scrappers Split Twin Bill Again." "Idaho court won't remove pre-Nazi swastika tiles": The Associated Press has a report that begins, "Images of red swastikas built into tiles in the early 1920s in the Bonneville County Courthouse won't be removed during a remodel of the building, officials said." Posted at 02:14 PM by Howard Bashman "Obama takes stand for secrecy, executive power": At his "Under the Radar" blog at Politico.com, Josh Gerstein today has a post that begins, "President Barack Obama's administration is escalating a legal showdown which has the Justice Department defending official secrecy and executive power with arguments more associated with former Vice President Dick Cheney than the White House's newest occupants." Posted at 08:22 AM by Howard Bashman "Taking their chances on poker's legality: Is Texas Hold 'Em about the luck of the draw, or the skill of the player? The question is being played out in courts around the country." This article appears today in The Los Angeles Times. As noted in this earlier post from mid-June 2009, I'm representing the defendants-appellees in one such case now pending on appeal before the Superior Court of Pennsylvania. "Speculation rises that Supreme Court Justice Stevens will retire; John Paul Stevens, who will turn 90 next year, has hired only one clerk for the 2010 term; That could be a tipoff that he plans to retire before then, although he has not said he will": David G. Savage has this article today in The Los Angeles Times. Posted at 07:32 AM by Howard Bashman "Justices to Revisit Campaign Finance": Jess Bravin and T.W. Farnam have this article today in The Wall Street Journal. Posted at 07:18 AM by Howard Bashman Wednesday, September 2, 2009 "Broken-Nosed Fan Assumed Injury Risk During Pregame Warm-Up, N.Y. Judge Finds": law.com has an article that begins, "Every baseball fan -- or at least every attorney who follows baseball -- knows that under the doctrine of assumption of the risk a team is not liable for fans injured by, say, foul balls or broken bats." You can access the court's ruling at this link. Posted at 11:27 PM by Howard Bashman "Justice Stevens Hires Just One Clerk for 2010 Term": Robert Barnes will have this article Thursday in The Washington Post. And at "The BLT: The Blog of Legal Times," Tony Mauro has a post titled "Justice Stevens: Exiting Next Year?" The Associated Press is reporting: Now available online are articles headlined "Federal judge orders MLB drug evidence preserved" and "3 states still ban religious clothing for teachers." Posted at 11:10 PM by Howard Bashman Akron Aeros 9, Altoona Curve 6: Just back from beautiful Blair County Ballpark -- one of the nicest minor league ballparks that we've ever visited, and we've visited a bunch -- where tonight the class AA Eastern League affiliate of the Cleveland Indians defeated the class AA Eastern League affiliate of the Pittsburgh Pirates. You can access the box score at this link, a recap of the game at this link, and an article about the game at this link. Unfortunately, the amusement park next to the stadium was closed today, so we didn't get to ride the rollercoaster that overlooks the right field fence. Tomorrow, we travel to Niles, Ohio, where tomorrow night we will watch the Mahoning Valley Scrappers (the class A short-season affiliate of the Cleveland Indians) host the Jamestown Jammers (the class A short-season affiliate of the Florida Marlins) in New York-Penn League action. Thanks to rainouts last weekend in Jamestown, New York when these two teams were scheduled to play, tomorrow night's game has been turned into a doubleheader consisting of two seven-inning games. Update: Thursday's edition of The Altoona Mirror reports that "'Consistent' Aeros erupt against Curve." And Thursday's edition of The Akron Beacon Journal reports that "Rivero and Rodriguez tee off on Altoona pitchers for win." Where the parties to a lawsuit reach a post-verdict settlement after a jury has awarded punitive damages on a claim governed by Oregon law, must the State of Oregon's consent to the settlement be obtained before the court can approve the settlement? Today, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit certified that question of Oregon law for resolution by the Supreme Court of Oregon. You can access today's Ninth Circuit order at this link. The question arises because, under Oregon law, the State of Oregon is entitled to recover sixty percent of any punitive damages awarded under Oregon law, even if the lawsuit involves only private (non-governmental) parties. "In Staff Move by Justice Stevens, Some See Signal": In Thursday's edition of The New York Times, Adam Liptak will have an article that begins, "Justice John Paul Stevens has so far hired just one law clerk for the Supreme Court term starting in October 2010, a court spokeswoman confirmed on Wednesday. That may be an indication that Justice Stevens, 89, is considering retiring next year." Posted at 03:30 PM by Howard Bashman "Feds ask appeals court to stay drug decision": The Associated Press has a report that begins, "Arguing the evidence may be destroyed, federal prosecutors have asked an appeals court to stay its decision that government agents illegally seized drug testing records and samples of more than 100 baseball players." Posted at 07:42 AM by Howard Bashman "Justice Stevens slows his hiring at high court": Mark Sherman of The Associated Press has an article that begins, "Supreme Court Justice John Paul Stevens has hired fewer law clerks than usual, generating speculation that the leader of the court's liberals will retire next year." Posted at 07:40 AM by Howard Bashman "State wants to appeal prison-crowding order to U.S. high court": Denny Walsh has this front page article today in The Sacramento Bee. The Los Angeles Times reports today that "Schwarzenegger asks for more time for a plan to cut prison overcrowding; California has until Sept. 18 to reduce its number of inmates; The governor says he will appeal to the U.S. Supreme Court if his request isn't granted by a panel of federal judges." And The Associated Press reports that "Calif. seeks stay of inmate-release court order." "Californians' support for death penalty waning; A survey shows public support has dropped from 79% to 66%, as fears of executing the wrongly convicted escalate": Carol J. Williams has this article today in The Los Angeles Times. Posted at 07:30 AM by Howard Bashman "C.I.A. Resists Disclosure of Records on Detention": This article appears today in The New York Times. Posted at 07:28 AM by Howard Bashman Tuesday, September 1, 2009 "Schwarzenegger to seek Supreme Court appeal of prison ruling": The Sacramento Bee has a blog post that begins, "Gov. Arnold Schwarzenegger wants to file an appeal with the U.S. Supreme Court of a federal order to reduce the state's prison population by more than 40,000 inmates over the next two years, his office announced Tuesday." Posted at 11:58 PM by Howard Bashman "Call to Jury Duty Strikes New Fear: Financial Ruin." John Schwartz will have this article Wednesday in The New York Times. Posted at 11:57 PM by Howard Bashman "9th Circuit Invites Additional Briefing on Former Broadcom Exec's Privilege Claim": law.com has this report. Posted at 11:54 PM by Howard Bashman "3rd Circuit Panel Upholds Online Gambling Ban": Shannon P. Duffy will have this article in Wednesday's edition of The Legal Intelligencer about a ruling that the U.S. Court of Appeals for the Third Circuit issued today. Posted at 11:50 PM by Howard Bashman Williamsport Crosscutters 9, Mahoning Valley Scrappers 4: Just back from historic Bowman Field in Williamsport, Pennsylvania, where tonight the class A short-season affiliate of the Philadelphia Phillies defeated the class A short-season affiliate of the Cleveland Indians in New York-Penn League action. You can access the box score of tonight's game at this link. We had great seats five rows from the field near third base. The Crosscutters players were all very friendly and willing to sign autographs for all seekers before the game. You can learn more about historic Bowman Field and see plenty of photographs at this link. There was no "potato incident" during tonight's game. You can learn more about the potato incident at this link. Tomorrow, we travel to Altoona, Pennsylvania, where tomorrow night we will watch the Altoona Curve (the class AA affiliate of the Pittsburgh Pirates) host the Akron Aeros (the AA affiliate of the Cleveland Indians) in Eastern League action. We hope to ride the adjacent rollercoaster (photo via "BallparkReviews.com") before the game. Update: Wednesday's edition of The Williamsport Sun-Gazette reports that "Cutters bounce back." And the game recap from the web site of the Williamsport Crosscutters is headlined "Cutters top Scrappers 9-4; Bullpen rebounds from poor outing Monday." "Six tobacco companies suing FDA in BG court; Group: Family Smoking Prevention and Tobacco Control Act prohibits free speech." This article appears today in The Bowling Green Daily News. The Wall Street Journal reports today that "Tobacco Giants Challenge Law." And The New York Times reports that "Tobacco Firms Sue to Block Marketing Law." You can view the complaint initiating suit at this link. "Corruption convictions against Inzunza upheld": Greg Moran of The San Diego Union-Tribune has a news update that begins, "The Ninth U.S. Circuit Court of Appeals on Tuesday morning upheld the convictions on federal corruption charges of former San Diego City Councilman Ralph Inzunza. The court also upheld the acquittals of former Councilman Michael Zucchet." According to the article, "A jury convicted both men in July 2005 on charges of trying to relax a city law that banned touching between dancers and customers at strip clubs, a change that would have allowed the clubs to make more money. Prosecutors said that effort was done in exchange for cash and campaign contributions." You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. "Woman alleging firefighter assault can't sue city": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A photographer who said she was sexually assaulted by two Sacramento firefighters at the Porn Star Costume Ball in 2004 can't hold the city responsible, a state appeals court says." And today in The Sacramento Bee, Denny Walsh reports that "Sacramento wins appeal over firefighters' alleged sex assault." You can access yesterday's ruling of California's Court of Appeal for the Third Appellate District at this link. "Judge rules Kuwaiti at Guantanamo was foot soldier": Carol Rosenberg of The Miami Herald has a news update that begins, "A federal judge has upheld the military detention of a Kuwaiti man whose lawyers were among the earliest and most persistent challengers of President George W. Bush's right to lock him up as an enemy combatant at Guantanamo Bay, Cuba." And at "SCOTUSblog," Lyle Denniston has a post titled "Al Odah loses challenge, after five years." Yesterday, the U.S. District Court for the District of Columbia posted online the ruling, which originally issued on August 24, 2009. "Court: Former Duke lacrosse coach can pursue lawsuit." The News & Observer of Raleigh, North Carolina has a news update that begins, "The state Court of Appeals ruled today that Mike Pressler, the former Duke University lacrosse coach, could pursue his claims of slander and libel against his former employer in the courtroom." And The Associated Press reports that "NC appeals court allows Duke lacrosse coach's suit." You can access today's ruling of the Court of Appeals of North Carolina at this link. In news from Williamsport, Pennsylvania: I won't arrive there until this afternoon, but today's edition of The Williamsport Sun-Gazette contains articles headlined "Judge moves chambers to Harrisburg, promises he will remain active locally"; "Cutters let a critical one get away"; and "Unusually cool weather expected in region." Posted at 08:02 AM by Howard Bashman "Toyota concealed evidence in rollover cases, ex-attorney alleges; In a lawsuit, lawyer says Toyota repeatedly forced him to illegally withhold information from victims of hundreds of accidents that resulted in deaths and injuries": This article appears today in The Los Angeles Times. Posted at 07:58 AM by Howard Bashman Monday, August 31, 2009 Programming note: On Tuesday, my son and I will embark on a baseball-related road trip that will take us from the Philadelphia area to Cleveland and back over the next seven days. Our first stop, on Tuesday, will be Williamsport, Pennsylvania, where on Tuesday night we will watch the Williamsport Crosscutters (the class A short-season affiliate of the Philadelphia Phillies) host the Mahoning Valley Scrappers (the class A short-season affiliate of the Cleveland Indians) in New York-Penn League action. On Wednesday, we will travel to Altoona, Pennsylvania, where on Wednesday night we will watch the Altoona Curve (the class AA affiliate of the Pittsburgh Pirates) host the Akron Aeros (the AA affiliate of the Cleveland Indians) in Eastern League action. On Thursday, we will travel to Niles, Ohio, where on Thursday night we will watch the Mahoning Valley Scrappers host the Jamestown Jammers (the class A short-season affiliate of the Florida Marlins) in New York-Penn League action. The logos of these two teams (see here and here) are alone worth the $3-per-ticket price of admission. On Friday, we will travel to Akron, Ohio, where on Friday night we will watch the Akron Aeros host the Erie SeaWolves (the AA affiliate of the Detroit Tigers) in Eastern League action. On Saturday, it's on to Cleveland, where we will see the Cleveland Indians host the Minnesota Twins. On Sunday, we head to Pittsburgh to watch the Pittsburgh Pirates host the St. Louis Cardinals. And on our way home from Pittsburgh on Monday, we'll stop at Gettysburg, Pennsylvania to visit the Gettysburg National Military Park. Appellate law-related blogging and occasional baseball-related posts will continue to appear here during the days ahead while I'm on the road. "Appeals court explains sports betting ruling": The News Journal of Wilmington, Delaware has this update. And Tuesday in The Legal Intelligencer, Shannon P. Duffy will have an article headlined "3rd Circuit Explains Why It Sacked Delaware Sports Lottery." My earlier coverage of today's Third Circuit ruling appears at this link. "Montana Court to Weigh In on Assisted Suicide Case": This article will appear Tuesday in The New York Times. Posted at 09:05 PM by Howard Bashman "Fewer Newspapers Fight to Open Court Proceedings": Adam Liptak will have this new installment of his "Sidebar" column in tomorrow's edition of The New York Times. Posted at 09:04 PM by Howard Bashman "Major cigarette makers sue over new tobacco law": The Associated Press has a report that begins, "Two of the three largest U.S. tobacco companies filed suit against federal authorities Monday, claiming a law that gives the U.S. Food and Drug Administration new authority over tobacco violates their right to free speech." Posted at 04:53 PM by Howard Bashman "We must decide whether California law allows a celebrity to sue a greeting card company for using her image and catchphrase in a birthday card without her permission." So begins today's ruling of the U.S. Court of Appeals for the Ninth Circuit in the case captioned Paris Hilton v. Hallmark Cards. Update: The Associated Press reports that "Court sides with Paris Hilton in Hallmark fight." And Reuters has a report headlined "Court: Paris Hilton can pursue Hallmark lawsuit." "Court limits Delaware betting plan to NFL parlays": The Associated Press has a report that begins, "A federal appeals court on Monday dealt another body blow to Delaware's plans for a new sports betting lottery, saying it must be limited to parlay bets on professional football games." You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. "Trial by Fire: Did Texas execute an innocent man?" David Grann has this article in the September 7, 2009 issue of The New Yorker. Posted at 10:32 AM by Howard Bashman Sunday, August 30, 2009 "Caperton v. Massey returns to W.Va. Supreme Court": Yesterday's edition of The Charleston (W. Va.) Gazette contained this article. Posted at 04:58 PM by Howard Bashman "Grand juror not happy Medina case dismissed; Says jury should have heard about the fire at home of justice and his wife, who could have been indicted": This article appears today in The Houston Chronicle. And yesterday's newspaper contained an article headlined "DA drops fire charges against justice's wife." In the Summer 2009 issue of The Green Bag: In articles about the October Term 2008 of the U.S. Supreme Court, Erwin Chemerinsky has an article headlined "Moving to the Right, Perhaps Sharply to the Right," while John P. Elwood has an article headlined "What Were They Thinking: The Supreme Court in Revue, October Term 2008." Posted at 03:18 PM by Howard Bashman "Tracking new cases: Suing gun makers." Lyle Denniston has this post today at "SCOTUSblog." Posted at 10:54 AM by Howard Bashman "Nebraska doctor takes up Tiller's mission to keep late-term abortions available": The Kansas City Star contains this article today. Today's edition of The Omaha World-Herald contains articles headlined "Abortions laws takes effect today" and "Abortion protest in Bellevue." And The Associated Press reports that "Abortion fight shifts to Neb. after Tiller death" and "Justifiable homicide defense eyed in Roeder's case." "Case is a serious challenge to Florida's gay-adoption ban; An adoption case that is now before an appellate court case presents a significant challenge to Florida's law against gays": This article appears today in The Miami Herald. And law.com reports that "In Fla. Adoption Case, State Argues Gays Prone to Mental Illness, Breakups." "Supreme Court to Revisit 'Hillary' Documentary": Adam Liptak has this front page article today in The New York Times. Posted at 09:33 AM by Howard Bashman Saturday, August 29, 2009 "Justice Sotomayor, Justice Scalia and Our Six Catholic Justices": Law professor Geoffrey R. Stone has this blog post at "The Huffington Post." Posted at 11:50 PM by Howard Bashman "Comcast Wins Appeal Of FCC Ownership Cap; Largest Provider Can Grow Even Bigger": This article appears today in The Washington Post. The Philadelphia Inquirer reports today that "U.S. court gives Comcast greater expansion rights." And The Associated Press reports that "Court rejects cap on cable market share - again." You can access yesterday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link. "U.S. appeals court: Return MLB players' drug-test records; Panel says data from confidential tests of baseball players was improperly seized." Maura Dolan and Lance Pugmire had this article Thursday in The Los Angeles Times. In Thursday's edition of The San Jose Mercury News, Howard Mintz had an article headlined "Appeals court bars feds from using pro baseball players' steroids test results." Thursday's edition of The San Francisco Chronicle reported that "Feds improperly seized players' steroid records." Thursday's edition of The New York Times reported that "Court Rules U.S. Seized 2003 Tests Improperly." And The Associated Press had articles headlined "Court: Investigators wrong to seize MLB drug list" and "Court ruling small consolation for exposed players," along with a column entitled "Hard to feel bad for outed players from 'The List.'" You can access Wednesday's ruling of an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link. My coverage of the original three-judge panel's ruling, which issued in December 2006, can be accessed here and here. In other coverage of this week's ruling, at Wired.com's "Threat Level" blog, David Kravets has a post titled "Court's Steroid Ruling Pumps Up Computer Privacy." At "The Volokh Conspiracy," law professor Orin Kerr has a series of posts largely critical of the en banc ruling. And WSJ.com's "Law Blog" has a post titled "Beyond A-Rod and ManRam: Plain Talk on the 'Plain View Doctrine.'" "FBI loses appeal of $101.7m verdict; Circuit court cites 'trauma' to 4 sent to prison": Yesterday's edition of The Boston Globe contained an article that begins, "A federal appeals court upheld yesterday a landmark verdict for four men framed by the FBI in a gangland slaying, although the appellate judges said the $101.7 million damage judgment awarded by a lower court was 'at the outer edge of the universe of permissible awards.''" And The Associated Press reports that "Mass. court OKs $102M wrongful-conviction award." You can access Thursday's ruling of the U.S. Court of Appeals for the First Circuit at this link. "Board turns down judge pension claim": Yesterday's edition of The Boston Herald contained an article that begins, "Members of the state retirement board denied former Superior Court Judge Ernest Murphy's disability pension request yesterday that would have granted the former judge 75 percent of his salary. Treasurer Tim Cahill, who recommended the board vote down Murphy's request, thanked board members for 'taking a stand' against the pension. Murphy claimed he was suffering from post-traumatic stress following a series of Herald stories in 2002." Posted at 08:25 PM by Howard Bashman "Mass. Case May Be Key in Taking Gay Marriage Fight to Supreme Court": Marcia Coyle will have this article in the August 31, 2009 issue of The National Law Journal. Posted at 08:22 PM by Howard Bashman "'Important Questions of Federal Law': Assessing the Supreme Court's Case Selection Process." The Yale Law School Supreme Court Advocacy Clinic and the Yale Law Journal Online will host this half-day conference on the morning of September 18, 2009 at the National Press Club in Washington, DC. There is no charge to attend the conference, but because space is limited pre-registration -- which can be accomplished online via this link -- is required. After the conference has occurred, podcasts of conference sessions and downloadable papers from the panelists will be available via this link. Thanks to Linda Greenhouse for informing me about this event.
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