How Appealing   Home | Archive | RSS | Contact  Thursday, August 14, 2008 Programming note: Tomorrow morning, my wife, son, and I will embark on a ten-day vacation to the fabled birthplace of the Phillie Phanatic.While I am away, "How Appealing" will not be updated. You may wish, during my absence, to visit one or more of these links in the hope of finding similar content:The ABA Journal's "Law News Now" blog;Court-related news from The Associated Press;Google News collects supreme court-related articles;The law.com Newswire;The Miami Herald's coverage of the Guantanamo proceedings;The "Religion Clause" blog;"SCOTUSblog";The "Sentencing Law and Policy" blog;"The Volokh Conspiracy" blog;And WSJ.com's "Law Blog";New posts will next appear here on Monday, August 25, 2008. Posted at 11:00 PM by Howard Bashman "Supreme Court justice defends self at hearing": In news from Texas, The Associated Press provides a report that begins, "Supreme Court Justice Nathan Hecht, appearing before the Texas Ethics Commission, defended himself Thursday against allegations he broke campaign finance laws by accepting discounted legal fees to fight an abuse of office complaint." Posted at 10:58 PM by Howard Bashman Available online from law.com: An article reports that "Cybersex Patent Case Leads to Bad Vibes Between Firm, Client."In other news, "Steinbeck Descendants Lose Bid to Renegotiate Publishing Rights." My earlier coverage of yesterday's Second Circuit ruling appears at this link.And an article reports that "2nd Circuit Sets Standard for Anonymous Suit Filings." My earlier coverage of Tuesday's Second Circuit ruling appears at this link. Posted at 10:30 PM by Howard Bashman "Cozen O'Connor dealt blow in 9/11 lawsuit": The Philadelphia Inquirer provides a news update that begins, "An ambitious lawsuit by the Philadelphia firm of Cozen O'Connor blaming the government of Saudi Arabia for the Sept. 11, 2001, attacks was dealt a sharp setback today when a federal appeals court ruled that the desert kingdom could not be sued for acts of terrorism."Newsday has a news update headlined "Court: Saudi princes can't be sued for 9/11 attacks."And Reuters reports that "U.S. court rules Saudi Arabia immune in 9/11 case."My earlier coverage of today's Second Circuit ruling appears at this link. Posted at 10:22 PM by Howard Bashman Fifth Circuit denies habeas relief to Texas death row inmate who claims that jurors improperly considered passages from the Bible during the sentencing phase of their deliberations: You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. Posted at 10:07 PM by Howard Bashman The Associated Press is reporting: An article is headlined "Appeals court in NYC will rehear torture case." My earlier coverage of Tuesday's Second Circuit order can be accessed here.And in other news, "Appeals court orders Cuban militant to stand trial." You can access today's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link. Posted at 10:04 PM by Howard Bashman "Judge bans general from Guantanamo trial role": Carol Rosenberg of The Miami Herald has this news update.And The Associated Press reports that "Pentagon official removed from 2nd Gitmo trial." Posted at 09:15 PM by Howard Bashman "In Extremely Rare Occurence Court Moves to Rehear Case of Canadian Rendition Victim Maher Arar; Court Acted Sua Sponte, Deciding to Revisit June Decision Against Arar Before Being Asked": The Center for Constitutional Rights today has issued a press release that begins, "The Second Circuit Court of Appeals issued an extremely rare order that the case of Canadian rendition victim Maher Arar would be heard en banc by all of the active judges on the Second Circuit on December 9, 2008. For the court to issue the order sua sponte, that is, of its own accord without either party submitting papers requesting a rehearing, is even more rare."You can access at this link Tuesday's order of the U.S. Court of Appeals for the Second Circuit granting rehearing en banc.My earlier coverage of the three-judge panel's ruling in the case, from late June 2008, can be accessed here and here. Posted at 12:35 PM by Howard Bashman "Court: Saudi Arabia not liable in Sept. 11 attacks." The Associated Press provides a report that begins, "A federal appeals court has ruled that Saudi Arabia and four of its princes cannot be held liable in the Sept. 11 attacks. The appeals court issued the ruling Thursday, saying the Saudi defendants are protected by sovereign immunity. It also agreed with a lower court that a Saudi banker and a charitable organization cannot be held liable."You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Posted at 12:24 PM by Howard Bashman "State top court to review medical pot limit": Bob Egelko has this article today in The San Francisco Chronicle. Posted at 09:28 AM by Howard Bashman "Justice at Justice: Attorney General Mukasey has the only appropriate response to politicized hirings." This editorial appears today in The Washington Post. Posted at 09:25 AM by Howard Bashman "Court backs Houston smog plan; Panel rejects claim EPA rules are too lenient": The Houston Chronicle contains this article today.You can access at this link yesterday's non-precedential ruling of the U.S. Court of Appeals for the Fifth Circuit. Posted at 09:23 AM by Howard Bashman "Miami fights to shutter house where online porn is filmed; Miami's yearlong quest to close down a house used by an adult website has prompted a federal court battle -- while the site continues to operate": This article appeared yesterday in The Miami Herald. Posted at 09:15 AM by Howard Bashman Carol Rosenberg of The Miami Herald is reporting: In today's newspaper, she has articles headlined "It's general vs. general at Guantanamo war court; An Army general testified against an Air Force general in a military lawyer's bid to get charges dismissed against a Guantanamo captive" and "Clooney buys rights for bin Laden driver's story; The story of Osama bin Laden's driver Salim Hamdan was bought by actor George Clooney's production company." Posted at 09:07 AM by Howard Bashman "The ABA Plots a Judicial Coup: The lawyers want to run their own 'merit selection.'" This editorial appears today in The Wall Street Journal. Posted at 09:03 AM by Howard Bashman "Ruling Is a Victory for Supporters of Free Software": The New York Times today contains an article that begins, "A legal dispute involving model railroad hobbyists has resulted in a major courtroom victory for the free software movement also known as open-source software. In a ruling Wednesday, the federal appeals court in Washington said that just because a software programmer gave his work away did not mean it could not be protected."My earlier coverage of yesterday's Federal Circuit ruling appears at this link. Posted at 08:57 AM by Howard Bashman "Fix to Patent Judge Appointment Procedure": Adam Liptak has this newsbrief today in The New York Times. Posted at 08:48 AM by Howard Bashman "Georgia plea for water goes to Supreme Court; State seeks to reverse an appeals court decision in February that nullified the Army Corps' OK of increased withdrawals from Lake Lanier": The Associated Press provides a report that begins, "Georgia asked the U.S. Supreme Court on Wednesday to overturn a February ruling that said the state needs congressional approval to use more water from Lake Lanier to supply the fast-growing Atlanta area. Lanier, which provides most of Atlanta's water, is at the heart of a nearly two-decade water feud between Georgia, Florida and Alabama." Posted at 08:42 AM by Howard Bashman "Jury deciding battle over school system's flag ban; Anderson teen sued after attire led to suspension": Today's issue of The Knoxville News Sentinel contains an article that begins, "'This case is about much more than Tom Defoe.' That statement by Defoe's attorney Wednesday was the one thing on which he and his courtroom opponent agree in the legal battle over the Anderson County school system's quarter-century-old ban on the display of the Confederate flag. It was 18-year-old Defoe who was suspended from Anderson County High School in 2006 after repeatedly refusing, albeit politely, to take off or cover a T-shirt and belt buckle bearing the Rebel battle flag."And The Associated Press reports that "Tenn. teen battles school's Confederate flag ban." Posted at 08:25 AM by Howard Bashman "Court urged to ignore Manchin brief in DuPont smelter appeal": This article appears today in The Charleston (W. Va.) Gazette.The Associated Press reports that "Manchin, DuPont met over appeal of $196M verdict."And today's edition of The Charleston (W. Va.) Daily Mail contains an editorial entitled "A governor should protect rights." Posted at 08:20 AM by Howard Bashman "Ex-inmate helps make Bush nominee 'controversial'": The Associated Press provides a report that begins, "Had this been like most nominations for federal judgeships, the chief lawyer with Corrections Corporation of America might have been packing up his office and heading for the courthouse by now. But a determined opponent - a former prisoner at a Corrections Corporation of America facility in Clifton, Tenn. - has worked tirelessly to see that would not happen. And he may have succeeded." Posted at 08:12 AM by Howard Bashman "Battle over gun rights -- Round 2: Handgun bans under fire after high court's ruling; Oak Park, Ill., fights back." Warren Richey has this front page article today in The Christian Science Monitor. Posted at 08:05 AM by Howard Bashman Wednesday, August 13, 2008 "Adviser to Guantanamo trials faces more criticism": The Associated Press provides this report. Posted at 02:35 PM by Howard Bashman "Advisor Says Obama Would Consider Changes To Judicial Nominations Process": Lawrence Hurley of The Daily Journal of California has this post today at his "Washington Briefs" blog. Posted at 12:30 PM by Howard Bashman "In Defense of Looseness: The Supreme Court and gun control." Seventh Circuit Judge Richard A. Posner has this essay in the August 27, 2008 issue of The New Republic. Posted at 12:28 PM by Howard Bashman "Fincher asserts that the district court erred by not allowing the jury to determine whether his possession of firearms was reasonably related to a well regulated militia and therefore protected by the Second Amendment." The U.S. Court of Appeals for the Eighth Circuit today issued this opinion, in an appeal in which the defendant argued that the Second Amendment allowed him to possess, without a license, both a machine gun and a sawed-off shotgun. Posted at 12:24 PM by Howard Bashman "We consider here the ability of a copyright holder to dedicate certain work to free public use and yet enforce an 'open source' copyright license to control the future distribution and modification of that work." So begins an opinion that the U.S. Court of Appeals for the Federal Circuit issued today. Posted at 12:20 PM by Howard Bashman "Plaintiffs' Lawyers Fight Restrictions On Product-Liability Suits": This article appears today in The Wall Street Journal. Posted at 11:10 AM by Howard Bashman "Appeals court reverses Steinbeck copyrights ruling": The Associated Press provides a report that begins, "A federal appeals court has reversed a ruling that awarded John Steinbeck's son and granddaughter publishing rights to 10 of the author's early works, including 'The Grapes of Wrath.'"You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link. Posted at 11:07 AM by Howard Bashman "Mukasey won't pursue charges in Justice Department hiring scandal; The abuses that took place under Alberto R. Gonzales violated civil service rules but were not crimes, the attorney general says": This article appears today in The Los Angeles Times.Today in The New York Sun, Joseph Goldstein reports that "Mukasey Will Encourage Rejected Job Seekers To Reapply."And The New York Times contains an editorial entitled "Mr. Mukasey in Denial." Posted at 09:52 AM by Howard Bashman "Plame loses appeal of suit against Cheney over leak": The Washington Times contains this article today.And Bloomberg News reports that "Cheney, Rove, Libby Win Plame Suit Dismissal Appeal."My earlier coverage of yesterday's D.C. Circuit ruling appears at this link. Posted at 09:50 AM by Howard Bashman "Search and Replace: Congress needs to set the rules for how border agents can delve into travelers' laptops." This editorial appears today in The Washington Post. Posted at 09:42 AM by Howard Bashman "'Rogues' and Humpty Dumpty Judges": Thomas R. Eddlem, the so-called "rogue juror" featured in this Boston Globe article from Sunday, has this essay at LewRockwell.com.And at Eddlem's "Dangerous Talk Blog," you can access additional posts on the subject here and here.My earlier coverage appears at this link. Posted at 09:34 AM by Howard Bashman "Files Show Governor Intervened With Court": The New York Times today contains an article that begins, "When Gov. Joe Manchin III of West Virginia filed a friend-of-the-court brief in June arguing that the State Supreme Court should review a $382 million judgment against the DuPont Company, he said he was not taking sides, but acting in the interest of due process. Documents from the governor's office, however, show that Mr. Manchin had consulted with the company before filing the brief, and DuPont officials say the governor even asked them to provide him with a draft brief." Posted at 09:23 AM by Howard Bashman "War court resumes, readies Canadian's trial": Carol Rosenberg of The Miami Herald has this report. Posted at 09:17 AM by Howard Bashman "Halverson ousted; Miley top vote-getter; Incumbents Walsh, Mosley advance": The Las Vegas Review-Journal today contains an article that begins, "While the Judicial Discipline Commission weighs the fate of embattled District Judge Elizabeth Halverson, voters delivered their own verdict Tuesday, deciding Halverson must go. Halverson, who faces complaints of falling asleep on the bench and harassing her staff, received less than 10 percent of the vote, trailing opponents Stefany Miley and Jason Landess, who will move to the general election in November." Posted at 09:14 AM by Howard Bashman "Devices for Lawyers: Democrats versus Justices Breyer, Souter and Stevens." Today's edition of The Wall Street Journal contains an editorial that begins, "The tort bar's political work is never done, especially in Congress. Consider the Medical Safety Device Act, introduced this summer in both the House and Senate to overturn the Supreme Court's sensible 8-1 ruling earlier this year in Riegel v. Medtronic." Posted at 09:00 AM by Howard Bashman "Women Battling Infertility Find a Friend in the Court": Today in The Wall Street Journal, columnist Sue Shellenbarger has an essay that begins, "For women struggling with infertility, the unpredictable and time-consuming treatment process can wreak havoc with work schedules, causing conflicts with bosses and triggering reprisals or layoffs. Now, a federal appeals court has come down on the side of women, fortifying legal protections on the job." Posted at 08:57 AM by Howard Bashman "What Goes Around Comes Around for State Supreme Court Candidate": law.com provides a report that begins, "A Florida Supreme Court candidate will spend this afternoon being interviewed by the same state panel he attempted to circumvent while serving as a top aide to Gov. Jeb Bush." Posted at 08:44 AM by Howard Bashman "Should State Attorneys General Use Private Law Firms to Pursue Civil Suits? An Appeal to the California Supreme Court Raises This Hot-Button Issue." Anthony J. Sebok has this essay online at FindLaw. Posted at 08:30 AM by Howard Bashman Tuesday, August 12, 2008 "Judge says UC can deny class credit to Christian school students": Bob Egelko of The San Francisco Chronicle has a news update that begins, "A federal judge says the University of California can deny course credit to applicants from Christian high schools whose textbooks declare the Bible infallible and reject evolution."The University of California issued this press release in response to the ruling.You can access last Friday's ruling of the U.S. District Court for the Central District of California at this link. Posted at 11:45 PM by Howard Bashman "Justice at Gitmo: Releasing Salim Ahmed Hamdan, the former driver for Osama bin Laden, after he has served his time is the right thing; It's also smart policy." This editorial appears today in The Los Angeles Times. Posted at 10:58 PM by Howard Bashman "'Unabomber' Objects to Cabin's Use in Newseum Display": The Washington Post provides this news update.The Associated Press reports that "Unabomber objects to cabin display at Newseum.""The Smoking Gun" web site offers an item headlined "Kaczynski Angered By Predatory Home Loan; Unabomber raps feds for allowing cabin's display at D.C. museum."And the Newseum today issued a press release headlined "Unabomber Ted Kaczynski Protests Newseum Exhibit." You can take an online tour of the Unabomber's cabin via this link. Posted at 10:44 PM by Howard Bashman "Juror's challenge raises legal issue": This article appeared Sunday in The Boston Globe.According to the article, "To a casual observer, the question in the Boston courtroom might merely have been the musing of a juror with some knowledge of American history. But US District Court Judge William G. Young said the note and others that followed represented something he had never seen in 30 years as a judge: a rogue juror challenging the legitimacy of a criminal law used to prosecute a defendant. Young was so alarmed by the actions of Thomas R. Eddlem, a 42-year-old technology coordinator at a Catholic high school and former John Birch Society official, that he recently wrote a 43-page memorandum plumbing the history of 'jury nullification' and how it threatens democracy."You can access the opinion of U.S. District Judge William G. Young of the District of Massachusetts at this link. Posted at 10:20 PM by Howard Bashman "To rule and rescue": This past Saturday's edition of The Santa Fe New Mexican contained an article that begins, "Two of federal appellate Judge Paul J. Kelly's favorite things to do are play golf and dash in and out of burning buildings."In July 2004, Tenth Circuit Judge Paul J. Kelly participated in this blog's "20 questions for the appellate judge" feature. You can read his interview at this link. Posted at 09:05 PM by Howard Bashman "Attorney general sees systemic partisanship in Justice hiring": Marisa Taylor of McClatchy Newspapers has this report.The New York Times provides a news update headlined "Mukasey Won't Pursue Charges in Hiring Inquiry."The Washington Post provides a news update headlined "Illegally Rejected Justice Dept. Applicants May Get Another Look."The Associated Press provides a report headlined "Mukasey: No prosecutions in Justice hiring scandal."Reuters reports that "Mukasey rules out prosecutions from hiring scandal."And Bloomberg News reports that "Aides in U.S. Hiring Scandal Won't Be Prosecuted, Mukasey Says."You can view the video of the Attorney General's remarks today at the American Bar Association's 131st annual meeting in New York City by clicking here. Posted at 08:54 PM by Howard Bashman "South Dakota Vote Draws Attention": The Wall Street Journal today contains an article that begins, "Two years after a strict abortion ban here was overturned by voters, backers have brought a similar measure -- but one laced with complexities that could bode well for its passage, and ultimately could bring about the challenge to Roe v. Wade desired by abortion foes nationwide." Posted at 05:54 PM by Howard Bashman "No decision on Exxon Valdez interest payments": The Associated Press provides a report that begins, "The Supreme Court has declined to decide whether Exxon Mobil Corp. must pay interest to victims of the nation's worst oil spill that would roughly double the $507 million judgment the high court approved in June. In a brief order Tuesday, the court said the 9th U.S. Circuit Court of Appeals, based in San Francisco, should decide the matter of interest arising from the 1989 Exxon Valdez disaster."Greg Stohr of Bloomberg News reports that "Exxon Valdez Interest Issue Left Unresolved by Court."And at "SCOTUSblog," Lyle Denniston has a post titled "Court declines to rule on Exxon interest."You can access the judgment that the U.S. Supreme Court issued today at this link. Posted at 03:32 PM by Howard Bashman "This appeal presents questions of first impression for our Court: (1) Under what circumstances may a plaintiff file a complaint using a pseudonym? and (2) What standard governs our review of a district court's decision to permit or deny a request to file under a pseudonym?" A three-judge panel of the U.S. Court of Appeals for the Second Circuit today issued this decision addressing those questions in a case captioned Sealed Plaintiff v. Sealed Defendant #1. Posted at 11:50 AM by Howard Bashman "US court won't resurrect lawsuit in CIA leak case": The Associated Press provides a report that begins, "A federal appeals court has refused to resurrect a lawsuit that former CIA operative Valerie Plame brought against members of the Bush administration."You can access today's ruling, by a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, at this link. Posted at 11:35 AM by Howard Bashman "F.B.I.'s Use of Phone Records Shows Need to Protect the Press, Senators Say": The New York Times contains this article today. Posted at 09:02 AM by Howard Bashman "In Guantanamo, Locals Adapt to Life With an Unwelcome Neighbor": This article appears today in The New York Times. Posted at 08:57 AM by Howard Bashman "In U.S., Expert Witnesses Are Partisan": Today in The New York Times, Adam Liptak has this article, the latest in his "American Exception" series. Posted at 08:50 AM by Howard Bashman "James takes a step to appeal conviction; But his filing says he'll represent himself": Today's edition of The Newark (N.J.) Star-Ledger contains an article that begins, "Former Newark mayor Sharpe James has filed a notice that he intends to appeal his corruption conviction, but in an unusual twist, his court papers say he's now representing himself." Posted at 08:35 AM by Howard Bashman "Gay marriage ruling secures chief justice's legacy": The Associated Press provides a report that begins, "California Chief Justice Ronald George has spent more than half his life cultivating an image of a cautious jurist and earning a reputation as a politically skilled court administrator. But his unlikely legacy as gay rights pioneer was sealed May 15, when he heard the roar of a crowd gathered below his office as his majority decision legalizing same-sex marriage was announced."As a result, according to the article, "[h]e will likely have to mount an aggressive and expensive campaign to retain his seat in the 2010 election." Posted at 08:25 AM by Howard Bashman "Federal Judge Wants Fewer Capital Cases": The New York Sun today contains an article that begins, "A sitting federal judge who is working on a book is calling on the Justice Department to ease off in pursuing the federal death penalty in New York City cases. Speaking at an American Bar Association event yesterday, the judge, Frederic Block of U.S. District Court in Brooklyn, criticized the government for spending millions of dollars in pursuit of death sentences and ignoring what he said were New Yorkers' views on capital punishment. Washington often seeks death sentences when it has virtually no chance of success, he said, sometimes even over the objections of the local U.S. attorneys tasked with prosecuting the cases."As for the book, the article's final paragraph states, "At yesterday's panel, Judge Block distributed an excerpt from a book he is writing about the death penalty and other issues in the judicial system." Posted at 08:22 AM by Howard Bashman "If the Government Plans to Hold Salim Hamdan Indefinitely, Despite His Sixty-Six Month Sentence, What Was the Point of Putting Him on Trial?" Michael C. Dorf has this essay online at FindLaw. Posted at 08:12 AM by Howard Bashman Monday, August 11, 2008 "The Economics of Gay Marriage": Seventh Circuit Judge Richard A. Posner has this post at "The Becker-Posner Blog."Professor Gary S. Becker's post in response is titled "Should Gay Marriages be Allowed?" Posted at 05:22 PM by Howard Bashman "Tiffany appeals eBay counterfeiting decision": The Associated Press provides this report. Posted at 05:07 PM by Howard Bashman "A profile in power: U.S. Judge Amy St. Eve; Rezko judge is a big punch in small package." This profile of U.S. District Judge Amy J. St. Eve of the Northern District of Illinois appeared yesterday in The St. Louis Post-Dispatch (via WSJ.com's "Law Blog"). Posted at 03:05 PM by Howard Bashman "In this appeal, we are asked to determine the unusual question whether dogs are 'livestock.'" The U.S. Court of Appeals for the Ninth Circuit today issued this opinion addressing that question.The opinion's opening paragraph concludes, "Despite a gut inclination that the answer might be 'no,' resolution of the issue is not so clear, thus precluding summary judgment at this stage of the proceeding. As it turns out, the term 'livestock' is ambiguous at best and much broader than the traditional categories of horses, cattle, sheep, and pigs." Posted at 02:47 PM by Howard Bashman "We are called on to decide whether attorney misconduct towards clients, involving violations of rules of professional conduct binding on the attorney, requires forfeiture of the attorneys' fees paid to them when, after all righteous furor is vented, the fees were eminently reasonable for the result produced." So begins the majority opinion that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today. Posted at 02:44 PM by Howard Bashman On this past Saturday's broadcast of C-SPAN's "America and the Courts": The broadcast featured Justice Anthony M. Kennedy's remarks at the recent Ninth Circuit Judicial Conference. You can view last Saturday's broadcast by clicking here (RealPlayer required). Posted at 12:20 PM by Howard Bashman "Juror: Hamdan Didn't Seem Like Al-Qaida Warrior." This audio segment (RealPlayer required) appeared on today's broadcast of NPR's "Morning Edition."And yesterday evening's broadcast of NPR's "All Things Considered" contained an audio segment entitled "Juror Questions U.S. Pursuit Of Salim Hamdan."RealPlayer is required to launch these audio segments. Posted at 12:15 PM by Howard Bashman "Supreme Court grabbed more power in recent term": Law Professor John Yoo had this op-ed yesterday in The Philadelphia Inquirer. Posted at 12:10 PM by Howard Bashman "Driver's trial gave courtroom firsts; The first terrorist convicted at trial by military commission was also the first man acquitted of a war crime": Carol Rosenberg has this article today in The Miami Herald.And today's edition of USA Today contains an editorial entitled "Best face of a flawed system: Split verdict in Hamdan case shows trial neither model nor debacle." In addition, Kenneth Roth has an op-ed entitled "A failed 'experiment': Commissions' unfair rules deliver a shaky verdict rather than justice." Posted at 09:17 AM by Howard Bashman "Santeria priest won't let religious freedom be sacrificed; Ernesto Pichardo, co-founder of the first incorporated Santeria church in the nation, files a lawsuit stemming from a police raid during a worship ritual in 2007": This article appears today in The Los Angeles Times. Posted at 08:55 AM by Howard Bashman "Social Initiatives on State Ballots Could Draw Attention to Presidential Race": Today's edition of The New York Times contains an article that begins, "Divisive social issues will be on the ballot in several states in November, including constitutional amendments banning same-sex marriage in Arizona, California and Florida, and limitations on abortion in California, Colorado and South Dakota." Posted at 08:37 AM by Howard Bashman In commentary available online from FindLaw: Marci Hamilton has an essay entitled "In Colorado Christian University v. Weaver, the U.S. Court of Appeals for the Tenth Circuit Adopts the Incorrect Theory that Religious Individuals Are Entitled to Exemptions from Generally Applicable Laws."And John W. Dean has an essay entitled "Judge Bates Slams the Bush White House's Claims of Congressional Immunity: Why There May Be No Consequences for the White House, Despite the Clear Ruling." Posted at 08:24 AM by Howard Bashman "Expert Panel Debates What Presidential Candidates Should be Saying About Judicial Selection": You can view video of the program, from the American Bar Association's 131st annual meeting in New York City, by clicking here. Posted at 08:02 AM by Howard Bashman "Hamdan Jury Felt Evidence Didn't Back U.S. Claim; Sentence Wasn't Verdict on Tribunals, Juror Explains": Jess Bravin has this article today in The Wall Street Journal. Posted at 12:18 AM by Howard Bashman Sunday, August 10, 2008 "War Crimes System Is Still on Trial": This news analysis appears today in The New York Times. The newspaper also contains an editorial entitled "The United States v. the Driver."Today in The Miami Herald, Carol Rosenberg has an article headlined "Driver's sentence perplexed press room."And The Washington Post contains an editorial entitled "Trial by Tribunal: Osama bin Laden's driver should be freed." Posted at 11:58 PM by Howard Bashman "Reduce partisan fight over judges, lawyers urge": Mark Sherman of The Associated Press has this report. Posted at 11:55 PM by Howard Bashman The ABA Journal's blog covers the ABA Annual Meeting: You can access posts titled "Scalia: Legal Writing Doesn't Exist" and "Ken Starr, Drew Days Discuss Revealing Supreme Court Term." Posted at 11:44 PM by Howard Bashman "Former Nichols judge critical of DA": The Atlanta Journal-Constitution today contains an article that begins, "The former judge in the Brian Nichols' murder trial, Hilton Fuller, said Saturday that prosecutors share the blame with defense attorneys for all the delays and millions of dollars spent in the case."And Mark Sherman of The Associated Press has an article headlined "Judge: Prosecutors drove costs of Ga. capital case." Posted at 11:37 PM by Howard Bashman Saturday, August 9, 2008 "Homeschooling OK, appeals court says": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "A state appeals court lifted the cloud it had cast on the homeschooling of 166,000 California children and ruled Friday that parents have a right to educate their children at home even if they lack a teaching credential."And The Los Angeles Times reports today that "Parents may home-school children without teaching credential, California court says; Gov. Schwarzenegger praises the reversal by the 2nd District Court of Appeal as a victory for students and parental rights."You can access Friday's ruling of the California Court of Appeal for the Second Appellate District at this link. Posted at 11:58 PM by Howard Bashman "Detainee May Not Go Free After Sentence; U.S. Still Might Hold Hamdan as 'Combatant'": Sunday's edition of The Washington Post will contain this front page article. Posted at 11:54 PM by Howard Bashman "Birth Control Fears Addressed; HHS Chief Says Draft Rule Is Not Redefining Abortion": This article appears today in The Washington Post. Posted at 11:52 PM by Howard Bashman "Prosecutors Clear Hatfill in Anthrax Case": The Washington Post contains this article today. Posted at 11:50 PM by Howard Bashman "With Fewer Terror Trials, Manhattan Court Quiets Down": This article appears today in The New York Times. Posted at 11:48 PM by Howard Bashman "The Supreme Court Can't Ignore the Facts: Their decision on child rape must be reconsidered." Stuart A. Smith has this op-ed today in The Wall Street Journal. Posted at 11:32 PM by Howard Bashman "What the President Should Look for in a Judicial Nominee": This blog post appears online at the ABA Journal's web site.You can view photos taken at the American Bar Association's 131st annual meeting, in New York City, via this link. Posted at 09:40 AM by Howard Bashman Friday, August 8, 2008 Posner versus Easterbrook on litigation challenging the size of mutual fund advisory fees: On May 19, 2008, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued this opinion, written by Chief Judge Frank H. Easterbrook.Today, the Seventh Circuit issued this order denying rehearing en banc in the case, accompanied by a dissent from the denial of rehearing en banc written by Circuit Judge Richard A. Posner, in which a total of five judges joined. Six votes were necessary to grant rehearing en banc. Posted at 04:02 PM by Howard Bashman "Ninth Court sides with Snowbowl in San Francisco Peaks dispute": Howard Fischer of The Arizona Daily Star has a news update that begins, "The operators of Snowbowl are entitled to use recycled sewage to make snow on the San Francisco Peaks despite objections of several Native American tribes, the 9th U.S. Circuit Court of Appeals ruled Friday. In a split decision, the court acknowledged arguments by the tribes that the use of artificial snow will decrease the 'spiritual fulfillment' they get from practicing their religion on the mountain. And the land on which the ski resort is located is owned by the federal government. But Judge Carlos Bea, writing for the majority, said that does not run afoul of the federal Religious Freedom Restoration Act."The Arizona Republic has a news update headlined "Snowmaking OK'd at Snowbowl resort."And The Associated Press reports that "Appeals court says snowmaking OK on Ariz. Snowbowl."You can access today's lengthy en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link. Eight judges joined in the majority opinion, while three joined in a dissent.Circuit Judge William A. Fletcher's dissenting opinion concludes, "RFRA was passed to protect the exercise of all religions, including the religions of American Indians. If Indians' landbased exercise of religion is not protected by RFRA in this case, I cannot imagine a case in which it will be. I am truly sorry that the majority has effectively read American Indians out of RFRA." Posted at 03:40 PM by Howard Bashman Protecting the right of disabled NASCAR race attendees to see the most exciting parts of those races from their wheelchairs: The U.S. Court of Appeals for the Ninth Circuit issued this ruling today in a case involving an issue that's already the subject of a circuit split. Posted at 03:35 PM by Howard Bashman "For 'Maverick' Federal Judges, Life Tenure Is Largely Unfettered License": Nathan Koppel has this article today in The Wall Street Journal. Non-subscribers to WSJ.com can access the full text of the article via Google News. In addition, the full text of the article also appears online at this link in PDF format. Posted at 03:05 PM by Howard Bashman "Reneging on a right: By banning same-sex marriages, Prop. 8 would create second-class citizens." This editorial appears today in The Los Angeles Times. Posted at 09:52 AM by Howard Bashman "Bin Laden driver sentenced to 66 months in prison; In a surprise decision, a U.S. military jury sentenced Osama bin Laden's driver to 5 ½ years in prison, knowing that with time served he could be free by New Year's Eve": Carol Rosenberg has this article today in The Miami Herald.Today in The Los Angeles Times, Carol J. Williams reports that "Yemeni gets 5 1/2 years in prison; With credit for time already served, Osama bin Laden's driver should complete his sentence by January."The New York Times reports that "Bin Laden Driver Sentenced to a Short Term."The Washington Post reports that "Bin Laden Driver Gets 5 1/2 Years; U.S. Sought 30."In The Wall Street Journal, Jess Bravin reports that "Bin Laden Driver's Sentence Signals Doubts About Cases."And USA Today reports that "Jury gives Hamdan 5 1/2 years." Posted at 09:50 AM by Howard Bashman "Hamdan case sets stage for bigger trials at Guantanamo; The partial conviction may give the tribunal system a credibility boost and help the White House reach its goal: trial by year's end for accused Sept. 11 plotter Khalid Shaikh Mohammed." David G. Savage has this article today in The Los Angeles Times. Posted at 09:40 AM by Howard Bashman "Tactic Used After It Was Banned; Detainees at Guantanamo Were Moved Often, Documents Say": The Washington Post contains this article today. Posted at 09:35 AM by Howard Bashman "Texas's Disdain: In carrying out two executions, the state endangers Americans detained abroad." This editorial appears today in The Washington Post. Posted at 09:33 AM by Howard Bashman "Bolten, Miers Ask Judge to Delay Order; Aides Continue to Contest Subpoenas": The Washington Post today contains an article that begins, "White House Chief of Staff Joshua B. Bolten and former White House counsel Harriet E. Miers yesterday asked a federal judge to delay an order to cooperate with Congress while they appeal the ruling. The court filings indicate that Bolten and Miers will continue to resist subpoenas from the House Judiciary Committee as the Bush administration heads into its final months." Posted at 09:22 AM by Howard Bashman "Ford Told FBI of Skeptics on Warren Commission": This article appears today in The Washington Post. Posted at 09:18 AM by Howard Bashman Pittsburgh-area woman receives no prison time following guilty plea to federal criminal charges of transmitting written obscenities in fictional stories posted to the internet: The Pittsburgh Post-Gazette reports today that "Writer's 'monsters' lead to obscenity sentence."And today in The Pittsburgh Tribune-Review. Jason Cato reports that "Donora woman's child torture stories get her house arrest."I discussed the case in the October 9, 2006 installment of my "On Appeal" column for law.com, headlined "Text This: Words Alone Can Violate Federal Obscenity Laws." Posted at 09:02 AM by Howard Bashman "Study Finds Settling Is Better Than Going to Trial": Today in The New York Times, Jonathan D. Glater has an article that begins, "Note to victims of accidents, medical malpractice, broken contracts and the like: When you sue, make a deal. That is the clear lesson of a soon-to-be-released study of civil lawsuits that has found that most of the plaintiffs who decided to pass up a settlement offer and went to trial ended up getting less money than if they had taken that offer." Posted at 08:45 AM by Howard Bashman "What Next for D.C.'s Gun Laws: Congress should intervene to protect the Second Amendment." David B. Kopel and Robert A. Levy have this op-ed today in The Wall Street Journal. Posted at 08:40 AM by Howard Bashman "Millions of Women Who Had Abortions Don't Know It": Columnist Ann Woolner has this essay online at Bloomberg News. Posted at 08:27 AM by Howard Bashman In commentary available online from FindLaw: Sherry F. Colb has an essay entitled "Is Sex a 'Major Life Activity'? Why a Claim of Disability Discrimination Turns on the Answer to this Question."And Anthony J. Sebok has an essay entitled "Massachusetts' Supreme Judicial Court Embraces the 'Loss of a Chance' Doctrine: Why This Key Torts Decision May Convince Other State Supreme Courts to Follow Suit." Posted at 08:24 AM by Howard Bashman "Wife of slain judge to get $5.2 million; Fulton payment 'closes another chapter' for Barnes, who lost her husband in '05 courthouse killings": This article appears today in The Atlanta Journal-Constitution.And the Fulton County Daily Report reports today that "Wife of Slain Ga. Judge Settles Claims for $5.2 Million." Posted at 08:15 AM by Howard Bashman "In Review of High Court Term, Justice Kennedy Still the Man in the Middle": Marcia Coyle of The National Law Journal has this article today at law.com. Posted at 08:12 AM by Howard Bashman Thursday, August 7, 2008 "Court says employers can't limit a departing worker's job future": Bob Egelko of The San Francisco Chronicle has a news update that begins, "California employers can't limit their employees' right to work for a competitor or solicit former clients after they leave the company, the state Supreme Court ruled today."You can access today's ruling of the Supreme Court of California at this link. Posted at 09:00 PM by Howard Bashman "Court clears way for another immigrant's execution": The Associated Press provides a report that begins, "For the second time this week, the U.S. Supreme Court has denied an appeal from an illegal immigrant facing execution in Texas. Lawyers for killer Heliberto Chi went to the court Thursday claiming he should have been told he could get legal aid from the Honduran consulate."And at "SCOTUSblog," Lyle Denniston has a post titled "Execution of Honduran allowed." Posted at 05:12 PM by Howard Bashman "Gitmo jury gives bin Laden driver light sentence": The Associated Press provides a report that begins, "A military jury gave Osama bin Laden's driver a stunningly lenient sentence on Thursday, making him eligible for release in just five months despite the prosecutors' request for a sentence tough enough to frighten terrorists around the globe. Salim Hamdan's sentence of 5 1/2 years, including five years and a month already served at Guantanamo Bay, fell far short of the 30 years to life that prosecutors wanted. It now goes for mandatory review to a Pentagon official who can shorten the sentence but not extend it."Reuters reports that "Bin Laden's driver gets 5 1/2 years in prison."And Carol Rosenberg of The Miami Herald has a news update headlined "Gitmo jury sentences driver to 66 months." Posted at 04:30 PM by Howard Bashman "Court Rejects Attempt to Amend Indictments After Plea Entry": This article appears today in the Metropolitan News-Enterprise.The article reports on an interesting mandamus ruling that Chief Judge Alex Kozinski issued yesterday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit. Posted at 02:54 PM by Howard Bashman The Associated Press is reporting: An article reports that "Bin Laden driver to seek leniency from Gitmo jury."And in other news, "Court rejects suit opposing religion in vets care." My earlier coverage of Tuesday's Seventh Circuit ruling appears at this link. Posted at 11:04 AM by Howard Bashman "Kamehameha Schools again being sued over admissions bias; Meanwhile, school sues previous plaintiffs over disclosure of settlement": This article appears today in The Honolulu Advertiser.Today's edition of The Honolulu Star-Bulletin contains articles headlined "4 challenge racial preference; An attorney for the plaintiffs believes this case could wind up in the U.S. Supreme Court" and "Big Island lawsuit focuses on settlement's disclosure."And at "SCOTUSblog," Lyle Denniston has a post titled "Hawaiian school's admission fight back in court." Posted at 09:03 AM by Howard Bashman "Senate Standstill to Let Obama or McCain Tip Balance on Courts": James Rowley of Bloomberg News has a report that begins, "An election-year standstill in Senate confirmation of George W. Bush's judicial nominees will give the next president a chance to tip the ideological balance of U.S. appeals courts that decide such issues as job discrimination, national security and pollution-cleanup disputes. The Democratic-controlled Senate has stopped filling vacancies on appeals courts, which in many respects have greater impact than the Supreme Court. The high court decides about 70 cases each year, while the 13 appellate courts issue thousands of rulings."You can view a list of current federal judicial vacancies by clicking here, while a list of future vacancies can be viewed at this link.The list of future vacancies reveals three additional federal appellate court vacancies that will be occurring in the months ahead. Seventh Circuit Judge Kenneth F. Ripple plans to take senior status on September 1, 2008. D.C. Circuit Judge A. Raymond Randolph plans to take senior status on November 1, 2008. And Eleventh Circuit Judge R. Lanier Anderson plans to take senior status on January 31, 2009. Posted at 07:44 AM by Howard Bashman Wednesday, August 6, 2008 "Three charged in bombing of downtown federal court house": The San Diego Union-Tribune provides this news update. You can access the indictment at this link.And The Associated Press reports that "3 charged in federal courthouse bombing in Calif." Posted at 04:18 PM by Howard Bashman Under the U.S. Supreme Court's ruling in Georgia v. Randolph, when a wife consents to a police search of the marital home but the husband objects, can the police validly rely on the wife's consent to search after the husband is arrested and taken to jail? A divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued this decision today.Circuit Judge Diane S. Sykes wrote the majority opinion, in which Senior Circuit Judge Daniel A. Manion joined. According to the majority's holding, the husband's objection to the search no longer precluded a valid search based solely on the wife's consent once the husband had been arrested and taken from the scene.Circuit Judge Ilana Diamond Rovner dissented. Her dissenting opinion begins:There is one and only one reason that this case is not on all fours with Georgia v. Randolph: When Kevin Henderson told the police to "get the fuck out" out of his house, the officers arrested and removed him instead. Until that moment, Henderson was both a present and actual objector to the search of his home. Had he remained on the premises, his objection would have foreclosed the police from searching the house regardless of his wife's consent; only a warrant would have broken the tie and permitted the search. My colleagues conclude that Henderson's valid arrest and removal from the scene sapped his objection of its force and allowed the police to search the house with Patricia Henderson's consent. In my view, this interprets the admittedly limited Randolph decision too narrowly. I would hold that Henderson's objection survived his involuntary removal from the home, thus precluding the search in the absence of a warrant. See United States v. Murphy, 516 F.3d 1117, 1124-25 (9th Cir. 2008); see also United States v. Hudspeth, 518 F.3d 954, 963-64 (8th Cir. 2008) (en banc) (Melloy, J., dissenting).Here's hoping that the Seventh Circuit grants rehearing en banc to consider further this very interesting legal issue. Posted at 03:02 PM by Howard Bashman "Ninth Circuit Court Retreats to Idaho: Legal insiders point everywhere but at themselves during a sun-filled non-examination." LA Weekly has posted online this article by Cyrus Sanai. Page two of the article mentions "How Appealing."And the Ninth Circuit's web site has posted this photo montage of the event. Posted at 02:50 PM by Howard Bashman "3 states to consider affirmative action ban": The Associated Press provides this report. Posted at 02:38 PM by Howard Bashman "Bin Laden driver convicted at Guantanamo of aiding terror; Salim Ahmed Hamdan is found guilty of providing material support for Al Qaeda; But he is acquitted of more serious conspiracy charges": Carol J. Williams of The Los Angeles Times has this news update.The New York Times has a news update headlined "Detainee Convicted by Military Panel."And The Washington Post has a news update headlined "Bin Laden's Former Driver Convicted by Military Tribunal; Trial Is First Test of System Set up to Try Guantanamo Detainees." Posted at 11:35 AM by Howard Bashman "Military jury convicts bin Laden's driver": The Associated Press provides a report that begins, "A jury of six military officers at Guantanamo Bay reached a split verdict Wednesday in the war crimes trial of a former driver for Osama bin Laden, clearing him of some charges but convicting him of others that could send him to prison for life."Reuters reports that "U.S. convicts bin Laden's driver at Guantanamo."And Carol Rosenberg of The Miami Herald has a news update headlined "Bin Laden's driver found guilty of war crimes" that begins, "A U.S. military jury convicted Osama bin Laden's driver of providing material support for terror on Wednesday -- but cleared him of the more serious charge of conspiracy at the first U.S. war crimes tribunal since World War II." Posted at 10:48 AM by Howard Bashman "Abu Ghraib contractor CACI loses defamation suit; Court affirms dismissal of Abu Ghraib contractor CACI's lawsuit against talk radio network": The Associated Press provides this report.My earlier coverage of yesterday's Fourth Circuit ruling appears at this link. Posted at 09:48 AM by Howard Bashman "Medellin executed for rape, murder of Houston teens": This article appears today in The Houston Chronicle, along with an article headlined "Somber tribute held to the teen victims; Group gathers where 2 girls slain and neighborhood was shaken to core."The New York Times reports today that "Texas Executes Mexican Despite Objections."The Washington Post reports that "Mexican National Executed in Texas; Murder Conviction Drew Attention of International Court."The Los Angeles Times reports that "Texas executes Mexican killer amid international protests; The U.S. Supreme Court refuses to grant a reprieve urged by Mexico and an international court; Jose Ernesto Medellin was convicted of raping and killing two Texas teens in 1993."The Fort Worth Star-Telegram reports that "Texas executes Mexican national."The Associated Press provides reports headlined "Mexican-born killer put to death in Texas" and "Execution prompts concern for detained Mexicans."Greg Stohr of Bloomberg News reports that "Divided U.S. Supreme Court Allows Mexican National's Execution."And Reuters reports that "Texas defies World Court with execution." Posted at 09:35 AM by Howard Bashman "No verdict in Day 2 of Guantanamo deliberations": Carol Rosenberg has this article today in The Miami Herald.And The New York Times reports today that "Guantanamo Bay Judge Admits Possible Error." Posted at 09:25 AM by Howard Bashman "E-Mail Hacking Case Could Redefine Online Privacy": The Washington Post today contains an article that begins, "A federal appeals court in California is reviewing a lower court's definition of 'interception' in the digital age, in a case that some legal experts say could weaken consumer privacy protections online." Posted at 09:14 AM by Howard Bashman "Our Class-Action System Is Unconstitutional: Judges have no right to award money to nonplaintiffs." George Krueger and Judd Serotta have this op-ed today in The Wall Street Journal. Posted at 08:37 AM by Howard Bashman Available online from National Public Radio: Yesterday evening's broadcast of "All Things Considered" contained an audio segment entitled "Professor Tries To Correct Century-Old Court Error." And Monday evening's broadcast contained audio segments entitled "Jury Deliberates In Hamdan Case" and "Book Examines Case Against Bin Laden's Driver."Yesterday's broadcast of "Morning Edition" contained an audio segment entitled "Fate Of Bin Laden Driver In Military Jury's Hands."RealPlayer is required to launch these audio segments. Posted at 08:14 AM by Howard Bashman Tuesday, August 5, 2008 Fourth Circuit affirms entry of summary judgment in favor of Air America Radio on defamation case involving the notorious U.S.-run Abu Ghraib prison in Iraq: You can access today's ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. Posted at 11:45 PM by Howard Bashman "Trial could bring US closer to closing Guantanamo": The Associated Press provides a report that begins, "The war crimes trial of a driver for Osama bin Laden could bring the United States closer to its goal of closing the prison at Guantanamo Bay." Posted at 10:55 PM by Howard Bashman "No reprieve for Mexican-born killer in Texas": The Associated Press provides a report that begins, "The U.S. Supreme Court has denied Mexican-born condemned prisoner Jose Medellin's request for a reprieve."The Houston Chronicle provides a news update headlined "Court denies Medellin's request for stay of execution."And at "SCOTUSblog," Lyle Denniston has a post titled "Medellin execution allowed."You can access this evening's 5-4 ruling of the U.S. Supreme Court at this link. Posted at 10:45 PM by Howard Bashman "Jurors deliberating in 1st Gitmo trial": The Associated Press provides a report that begins, "The military avoided a possible mistrial Tuesday in the first Guantanamo war crimes trial as prosecutors sparred with defense lawyers over instructions provided to jurors weighing the fate of Osama bin Laden's former driver."You can view at this link the "findings worksheet" provided to the jury in that case. Posted at 04:30 PM by Howard Bashman Freedom From Religion Foundation lacks taxpayer standing to challenge the Department of Veterans Affairs' integration of pastoral care into the medical care that it provides to veterans and its use of chaplains for that purpose: The U.S. Court of Appeals for the Seventh Circuit issued this ruling today. Freedom From Religion had lost on the merits before the district court, which had granted summary judgment in favor of the VA. Posted at 02:30 PM by Howard Bashman "Court Rejects Temple's Sexual Harassment Policy": Shannon P. Duffy has this article today in The Legal Intelligencer.The Philadelphia Bulletin reports today that "Court Nixes Temple Speech Restrictions."And at Inside Higher Ed, Doug Lederman reports that "Court Strikes Down 'Overbroad' Harassment Policy."My earlier coverage of yesterday's Third Circuit ruling appears at this link. Posted at 11:50 AM by Howard Bashman "Death-row inmate Medellin doesn't get a reprieve from Texas pardons board": This article appears today in The Dallas Morning News.The Fort Worth Star-Telegram reports today that "Parole board rejects Mexican inmate's last-minute reprieve request."And The Houston Chronicle reports that "Medellin execution on after pleas fail; Mexican citizen is moved closer to death chamber despite objections." Posted at 10:03 AM by Howard Bashman "Prop. 8 not retroactive, Jerry Brown says": Today in The San Francisco Chronicle, Bob Egelko has an article that begins, "If voters approve a November ballot measure banning same-sex marriages in California, thousands of gay and lesbian weddings conducted since the state Supreme Court legalized the unions on May 15 will probably remain valid, Attorney General Jerry Brown said Monday." Posted at 10:00 AM by Howard Bashman "Flunky or war criminal? Military jury to decide; A military jury has started deliberating in Osama bin Laden's driver's war crimes trial." Carol Rosenberg has this article today in The Miami Herald. She also has a news update headlined "Deliberations resume in driver's war trial."Today in The Los Angeles Times, Carol J. Williams reports that "Guantanamo case of Bin Laden driver Hamdan goes to military jury; In closing arguments at Guantanamo Bay, a defense attorney says secret testimony showed that Salim Ahmed Hamdan had offered to help U.S. forces, but that the opportunity had been 'squandered.'"The New York Times reports that "Lawyer Suggests Detainee Aided U.S. in Afghanistan."The Washington Post reports that "Case Against Bin Laden's Driver Goes to the Jury."And USA Today reports that "First military commission doesn't end fairness debate." Posted at 09:55 AM by Howard Bashman "Enron setbacks could hurt other white-collar prosecutions": Marisa Taylor of McClatchy Newspapers has this article. Posted at 09:47 AM by Howard Bashman "House Democrats Seek Less-Rigid D.C. Gun Laws; Proposal Set for Vote Would Allow Semiautomatics and Change Storage, Registration Rules": This article appears today in The Washington Post. Posted at 09:45 AM by Howard Bashman Available online from law.com: An article reports that "Religious Slurs May Amount to Hostile Workplace, N.J. High Court Says." My earlier coverage of the ruling appears at this link.Amaris Elliott-Engel of The Legal Intelligencer reports that "Justices OK Juror Challenges Involving Prosecutor From Controversial Training Tape." Last month's ruling of the Supreme Court of Pennsylvania consisted of a majority opinion and a dissenting opinion.In other news, "U.S. Prosecutors Feel the Heat, Want Protection; Group presses for home alarms, secure parking and the right to arm."And Bruce A. Campbell has an essay entitled "A Primer on What Lawyers Can Say About Judges." Posted at 09:38 AM by Howard Bashman "U.S. May Have Taped Visits to Detainees; Foreign Countries Sent Interrogators": The Washington Post today contains a front page article that begins, "The Bush administration informed all foreign intelligence and law enforcement teams visiting their citizens held at Guantanamo Bay that video and sound from their interrogation sessions would be recorded, according to documents obtained by The Washington Post. The policy suggests that the United States could possess hundreds or thousands of hours of secret taped conversations between detainees and representatives from nearly three dozen countries." Posted at 09:30 AM by Howard Bashman "Home Depot case revived by court; Two-edged ruling: Backdated stock options caused price to deflate, retirees' lawsuit claims." The Atlanta Journal-Constitution contains this article today.You can access last week's Eleventh Circuit ruling at this link. Posted at 09:28 AM by Howard Bashman "A Ruling May Pave the Way for Broader Use of DVR": This article appears today in The New York Times.USA Today reports today that "Cablevision's remote-storage DVR clears hurdle; Court says server does same thing as hard drive."The Wall Street Journal reports that "Cablevision Wins Appeal On RS-DVR" (subscription or direct access via Google News required).And law.com reports that "2nd Circuit Backs Cablevision's Remote Recorder Against Programmers' Lawsuit."My earlier coverage of yesterday's Second Circuit ruling appears at this link. Posted at 09:15 AM by Howard Bashman State of Colorado announces it won't seek U.S. Supreme Court review of Tenth Circuit ruling that struck down that State's refusal to provide scholarships to students who attend Colorado colleges deemed "pervasively sectarian": You can access the announcement at this link.My earlier coverage of the Tenth Circuit's ruling appears here and here. Posted at 08:45 AM by Howard Bashman "Panel criticizes Wecht judge": Today in The Pittsburgh Tribune-Review, Jason Cato has an article that begins, "A federal appeals panel on Monday criticized a Pittsburgh judge for the way he ended Dr. Cyril H. Wecht's public corruption trial."And The Pittsburgh Post-Gazette reports today that "Judges hear Wecht oppose retrial; Defense argues trial judge erred; prosecutor disagrees." Posted at 08:40 AM by Howard Bashman "Philippines' peace accord blocked; The Supreme Court prevented the signing of a territorial accord between the state and MILF, a rebel group, Monday; Opponents had called the deal unconstitutional": This article appears today in The Christian Science Monitor.And The Manila Times reports today that "SC stops signing of pact; Protests against MILF state to continue today." Posted at 08:33 AM by Howard Bashman "A Federal Appeals Court Invalidates the Federal Communications Commission's Massive Fine for the 'Nipplegate' Super Bowl Incident: The Decision and Its Implications." Julie Hilden has this essay online at FindLaw. Posted at 08:30 AM by Howard Bashman |
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