"Baer ready to slug it out on state Supreme Court": This article appears today in The Pittsburgh Post-Gazette.

And in other statewide judicial election-related news from Pennsylvania, The Philadelphia Inquirer today reports that "A long recount leaves a Pa. court up in the air; Eight weeks after Election Day, the final spot on Superior Court is still undecided."

 
Elsewhere in Friday's newspapers: USA Today reports that "Mass. about to alter gay-marriage debate; If state makes unions legal, rest of nation may be forced to recognize them as well." And an editorial is entitled "Malvo gets justice, not death."

The Los Angeles Times reports that "Clinton Loyalist Returns as a Go-to Man for Money; Supreme Court ruling that upheld the ban on 'soft' donations made Harold Ickes a player once again for the Democratic Party." In other news, "State Juvenile Court Still Struggles to Find Balance; Participants in the system gather in L.A. for its 100th anniversary and discuss how best to blend punishment and rehabilitation." An article reports that "Disease Heightens Beef Debate; A 'mad cow' find puts new emphasis on a call to ban the use of meat from disabled cattle." In news from Iowa, "Townsfolk Look the Other Way in Abuse and Slaying; They kept quiet when Scott Shanahan beat his wife. Now they're just as quiet about his killing." The final report in the six-part series "Butterfly on a Bullet" is headlined "Swallowing the fire: Columbia's final voyage." And an editorial is entitled "Rights and Raunchy Talk."

The Boston Globe reports from California that "Jackson's trial could strain county's resources."

The Washington Times reports that "Conservatives work to deflect Specter." Steve Chapman has an op-ed entitled "Innocent truth about false confessions." Michael De Alessi has an op-ed entitled "The Endangered Species Act." And Paul Rosenzweig and Trent England have an op-ed entitled "Hedged in by the law."

 
Perhaps not what Dante had in mind: The blog "SPITBULL" has a quite interesting post entitled "Seventh Circuit of Hell" discussing my "20 questions for the appellate judge" interview with Seventh Circuit Judge Richard A. Posner. Expanding on the theme, a rather new post there is entitled "Ninth Circuit of Hell," and it focuses on the even more recent profile in Legal Affairs of Ninth Circuit Judge Alex Kozinski.

And while I'm doing shout-outs to other blogs, let me take this quite belated opportunity to say thanks to the blog "The Serious Law Student" for this mention of "How Appealing."

 
"Fla. Prosecutors Offer Deal in Murder Case": The Associated Press reports here that "Prosecutors said Friday they have offered Lionel Tate a plea bargain that could mean almost immediate freedom for the boy whose murder conviction and life sentence in the slaying of a 6-year-old playmate were thrown out earlier this month." And The South Florida Sun-Sentinel is reporting that "Prosecutors to re-offer a 2001 plea deal to Lionel Tate."

 
Welcome New Zealanders! What would it take to cause a whole bunch of New Zealanders to visit "How Appealing"? First, it would take an article from Reuters about the Michael Jackson child molestation prosecution that happens, in passing, to mention a couple of law-related Web logs, including this one. And then it would require XtraMSN, a popular Web portal in New Zealand, to feature that article on the front page of its site. Quite bizarre indeed.

 
Access online the printed pamphlet version of the federal government's opening brief on the merits in the Pledge of Allegiance case pending in the U.S. Supreme Court: It is available online here. Thanks to Marty of SCOTUSblog for the pointer. (I previously linked to the typescript version of this brief a few days ago.)

 
From this morning's broadcast of NPR's "Morning Edition": This morning's broadcast contained the following reports (Real Player required): "NPR Poll: Gay Marriage Sharply Divides Likely Voters" and "Georgia Inmates Represented by Virtual Lawyers." You can access much more information concerning the NPR poll here and here (both PDF files).

 
"Former Lodi attorney defends display of Ten Commandments in Alabama": This article appears in today's issue of The Lodi News-Sentinel.

 
"Getting to the Source: The curious evolution of reporters' privilege." Slate has just posted online this Jurisprudence essay by Stephen Bates.

 
"Child model, actor seeks compensation after playground mishap": The Stamford (Ct.) Advocate reports here today that "A 2-year-old model and actor from Old Greenwich is seeking lost wages and other compensation from the city of Stamford after cutting his head at a public playground."

 
In Friday's newspapers: The Christian Science Monitor today reports that "Fewer minors being sentenced to death; Malvo's prison term marks a broader trend away from capital punishment for juveniles."

The Washington Post reports that "Leaks Probe Is Gathering Momentum." An article in the Style section is headlined "King of Pop as Court Jester; Message to Michael: This Time, Wear Clothes That Are Easier to Defend." David Moats has an op-ed entitled "Adapting Liberty To the Times." And letters to the editor appear under the heading "Tilting Toward Windfalls -- for the Rich."

The New York Times contains an article headlined "Eating People Is Wrong! But Is It Homicide? Court to Rule." And letters to the editor appear under the headings "Death at Work: Who Is to Blame?" and "Spying Cellphones."

 
"Lawyer in attorney general's office sues supervisors": The Pittsburgh Post-Gazette today contains an article from The Associated Press that begins, "Former Attorney General Mike Fisher and high-ranking officials under him have been sued by a lawyer in the attorney general's Pittsburgh office who claims she was retaliated against for blowing the whistle on 'arguably criminal' handling of a trust case."

The article goes on to note that D. Michael Fisher recently began serving as a judge on the U.S. Court of Appeals for the Third Circuit, and that the plaintiff in the suit is Rita J. Cindrich, the sister of U.S. District Judge Robert J. Cindrich, who serves on the U.S. District Court for the Western District of Pennsylvania (and who, coincidentally, had been nominated to serve on the Third Circuit by President Clinton).

 
"Ruling on race in admissions gets wider use": Stephen Henderson has this article today in The Philadelphia Inquirer. And in somewhat related news, the current issue of Newsweek contains this profile of Mary Sue Coleman, president of the University of Michigan.

 
Elsewhere in Thursday's newspapers: The Los Angeles Times reports that "White House Change to Clean Air Act Blocked; Federal appeals court panel rules that letting companies put off installation of pollution controls could cause 'irreparable harm.'" Law Professor David Cole has an op-ed entitled "Courts Put a Dent in Bush's 'Say-So' Detentions; When it comes to post-9/11 jailing without charges, the president is not a king." And letters to the editor appear under the heading "'Don't Ask, Don't Tell' Policy Is Self-Defeating."

The Washington Times reports that "Malvo may face another capital trial in Louisiana" and that "Malvo got life term by default."

And finally for now, The Boston Globe reports that "Execution foes spin Sampson verdict; Critics say case doesn't reflect state opinion."

 
"Top court rejects Filipino women's sex-slave suit": The Japan Times provides this report.

 
Access online The Rutherford Institute's amicus brief in the Pledge of Allegiance case: The brief can be viewed at this link, and you can access here a related press release that the organization has issued.

 
In Thursday's newspapers: In The New York Times, Adam Liptak reports that "Penalty for Young Sniper Could Spur Change in Law." In other news, "Court Blocks U.S. Effort to Relax Pollution Rule." An article reports that "Teenage Immigrant Is Freed After 3 Years in Detention." In appellate news from New York State, "Dog Keeps Tail, Owner Keeps Pride and Club Keeps Its Rule." In mad cow news, "U.S. Scours Files to Trace Source of Mad Cow Case" and "Businesses Tied to Beef Expect to Feel a Pinch." An editorial is entitled "Mad Cow in America." And letters to the editor appear under the heading "Lenny Bruce, Vindicated at Last."

The Washington Post reports that "Court Blocks Clean-Air Change; Panel Acknowledges Pollution Concerns." In news from Virginia, "Prosecution Groundwork Laid for More Sniper Trials" and "Mistaken Belief About Mistrial Troubles Jurors." An article reports on "791 Inmates, 26 Religions In 'Faith-Based' Fla. Prison." In mad cow-related news, "Inspection Practices Examined; Using Meat From 'Downers' Decried"; "U.S. Recalls Meat Linked To Wash. Slaughterhouse; Mad Cow Fears Lead Growing List of Nations to Halt Beef Imports"; "'We Were Lucky About One Thing'; Company Owner Says Meat All Went to Same Customer"; and "Mysterious Proteins to Blame; Transmission Was A Puzzle for Years." In news from Maryland, "Judge Reprimanded for Commenting on Pending Case." And an editorial is entitled "Cow Madness."

 
"Analysts: Supreme Court case most important of 2003; Affirmative action ruling topped a year of celebrity cases." CNN.com offers this report.

 
"Presidential Powers: A Court Pushes Back; How do you solve a problem like Padilla?" I'm still getting used to Newsweek's recently unveiled Web redesign. But now that I have read this article in the hard copy of the magazine, I can assure you that it's well worth a look. Especially if you are curious to learn which high-ranking Bush Administration attorney, according to reporter Michael Isikoff, advised against holding Jose Padilla as an enemy combatant.

 
Reuters article about law and the Internet mentions "How Appealing": You can access today's article directly from Reuters at this link and this link or via USA Today at this link.

 
"Format issues hold up 10 Commandments display": An article that will appear tomorrow in The Atlanta Journal-Constitution begins, "It will be sometime in 2004 before the Ten Commandments and other documents pertinent to Georgia history are hung in the Cherokee County Justice Center, officials say."

 
"Victim wants teen tried here": Today's edition of The Montgomery Advertiser contains an article that begins, "A Virginia jury's decision to spare the life of Lee Boyd Malvo on Tuesday left Kellie Adams hoping the convicted sniper would face a less merciful jury in Alabama."

 
Elsewhere in Wednesday's newspapers: The Boston Globe provides extensive coverage of a Boston federal jury's decision yesterday to recommend a death sentence for Gary Lee Sampson. Accessible online are articles headlined "Death for Sampson; Verdict makes him state's first since 1947 to face execution"; "Decision expected to fuel capital punishment drive"; "Sullivan pushed for death from start"; "Deliberations called careful, methodical"; "Grisly facts hurt defense's gamble"; "A sense of relief, but little celebration"; "Sentence to be appealed"; and "Reactions to the verdict." A related editorial is entitled "The demands for death." And in other news, "1st US case of mad cow disease is suspected."

The Los Angeles Times reports that "Malvo Is Spared Execution." An article reports that "Jury in Massachusetts Issues Death Sentence; Capital punishment is banned by the state, but a federal panel decided the penalty for Gary Sampson, convicted of two murders in 2001." In other news, "Judge Is Assigned to Jackson Case; Rodney S. Melville's background as an innovator and his courtroom demeanor make him a perfect choice, lawyers say." In news from Florida, "Judge Opens Limbaugh Records to Prosecutors." An article reports that "Pentagon Criticizes Ruling Halting Troops' Anthrax Shots." In other news, "'Obscene' Comic Bruce Gets a Pardon; New York governor cites the 1st Amendment in acting 39 years after the late satirist's conviction." An article reports that "Mass Killer's Bid for Release Denied; The man who shot seven to death at Cal State Fullerton in 1976 loses on appeal to state high court." In other news, "Appeals Court to Rule on Ballot Effort; Judges will hear challenge to state law requiring employers to pay workers' health insurance premiums." An article reports that "Bovine Disease Surfaces in U.S.; Holstein in Washington state may be the nation's first case of 'mad cow' illness. Officials don't know whether its meat was sold as food." Two additional installments in the six-part series on the space shuttle Columbia are available online: "The Fate of a Wing Shaped by Politics: With 83,900 clues at their feet, investigators follow the heat. An outsider ponders the 'forgetting curve'" (part four) and "Firing Point-Blank at NASA’s Illusions: Was that a chunk of the shuttle that fell off in orbit? The Hog Works searches for an answer" (part five). An editorial is entitled "No Place for an Experiment." And David L. Tubbs has an op-ed entitled "Students Can Put Hands Over Their Hearts, or Their Ears; The Supreme Court should uphold the recitation of the Pledge of Allegiance."

USA Today reports that "Teen sniper eludes death, gets life; Sentence angers victims' relatives." An article reports that "Pentagon will obey ruling on anthrax." And in other news, "Mad cow threat hits USA; Official: Consumer risk 'extremely low.'"

The Washington Times reports that "Malvo sentenced to life in prison." And in other news, "U.S. gets first case of mad cow disease."

 
Available online at law.com: The Recorder reports that "California Sentencing Ruling Rapped as 'Confusing'" and that "California's High Court Changes Rules on Judge Ethics." In other news, "Sept. 11 Victim Fund Claims Surge." An article reports that "Report Claims Detainees Denied Rights in 9/11 Aftermath." And in news from Miami, "Sentencing Guidelines Face Test Case; Controversial law that changed how judges mete out prison time puts some defendants in limbo."

 
An additional, noteworthy Pledge of Allegiance amicus brief filed in the U.S. Supreme Court is accessible online: The amicus brief of the National Jewish Commission on Law and Public Affairs is available online here. Nathan Lewin is listed as the group's counsel of record. Thanks much to the reader who sent this brief to me via email today.

 
"Court says two can be tried for one crime; Prosecutions legal, but 'deplorable'": Bob Egelko has this article in today's edition of The San Francisco Chronicle. The subject of the article is this decision that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued on Monday.

 
The Associated Press is reporting: An article reports that "Court Backs IRS Political Disclosure Law." You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

In news from the U.S. Court of Appeals for the D.C. Circuit, "Court Blocks Changes to Clean Air Act." And in other news, "Snipers Face More Death Penalty Trials"; "Jurors Split on Malvo Fate in Sniper Case"; and "JonBenet Parents Sue Fox for Defamation."

 
Never mind: Today an eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit issued an order noting that the federal government had confessed error in a pending en banc case that called on the court to decide when, if ever, issue preclusion can be used against a defendant in a criminal prosecution. The original three-judge panel opinion that the Ninth Circuit issued back in April 2003 can be viewed here.

 
En banc Seventh Circuit splits 6-5 over applicability of sentencing enhancement for use of fire in the commission of a crime: You can access today's en banc ruling at this link.

 
Here it is: The pro bono amicus curiae brief that the U.S. Court of Appeals for the Third Circuit last month appointed me to file is now off being copied and will soon be on its way to the federal courthouse for filing. Thanks to the miracle of technology, the brief can be accessed online here. This case is scheduled to be argued in Philadelphia during the week of January 19, 2004 before a panel consisting of Circuit Judges Dolores K. Sloviter, Samuel A. Alito Jr., and Michael Chertoff. This will be my first oral argument before Judge Chertoff, so I'll be especially looking forward to that.

 
Eighth Circuit gossip: Jerry Berger of The St. Louis Post-Dispatch writes here today that "Bryan Cave barrister Jerry Hunter has declined a presidential appointment to the coveted U.S. 8th Circuit Court of Appeals. The position is one of the most sought-after by aspiring lawyers and judges."

 
Not only is it Christmas Eve: Additionally, today is the due date for the pro bono amicus brief that the U.S. Court of Appeals for the Third Circuit late last month appointed me to file in an appeal presenting the question whether a pro se lawyer should be entitled to recover attorneys' fees under the common fund doctrine in a shareholder derivative suit. I was appointed to serve as amicus in support of affirmance of the district court's ruling, which refused to award attorneys' fees. Perhaps later today, as the brief is heading out the door, I will post its contents online.

 
Deck the halls: The Palm Beach Post today reports that "Offer of alternate site for Nativity stirs anger." And The Providence Journal reports that (registration required) "Ghost of cases past will loom over ACLU suit."

 
"Lawyer published tell-all memoir; The year 2003 was a banner one for former Chester County lawyer Bob Surrick." This article appears today in The Daily Local News of West Chester, Pa. For some reason that guy sounds familiar.

 
The Houston Chronicle is reporting: Now available online are articles headlined "Injection appeals cite courts' mixed messages" and "U.S. court plans ruling next week on Texas remap; Could be plan's last hurdle."

 
"Another study confirms disparity of juries based on race": This article appears today in The Pittsburgh Post-Gazette.

 
"For teen, win contributes to freedom of expression; Political victory in court": The Athens Banner-Herald today contains an article that begins, "Thanks to a recent U.S. Supreme Court ruling, a Jackson County girl gets to put her 2 cents into federal politics - literally."

 
"Gary's gun lawsuit gets go-ahead; Ruling by state's top court may set stage for trial": This article appears today in The Indianapolis Star. And The Post-Tribune reports that "Gary gun lawsuit upheld." "The Indiana Law Blog" covers the ruling here and here.

 
In Wednesday's newspapers: The New York Times reports that "Countries Ban American Beef After U.S. Discovers Mad Cow Disease." In related coverage, "Inspections for Mad Cow Lag Those Done Abroad" and "Danger to the Public Is Low, Experts Say." In news from Virginia, Adam Liptak reports that "Younger Sniper Gets a Sentence of Life in Prison." In local news, "Judge Denounces Attorney General's Death-Penalty Push." John Kifner has an article headlined "No Joke! 37 Years After Death Lenny Bruce Receives Pardon." In other news, "Defense Dept. Halts Anthrax Vaccinations." An article is headlined "Mean Streets of New York? Increasingly, They're Found in Rochester." An editorial is entitled "Better Judges for New York." And letters to the editor appear under the heading "A Dividing Line Over Gay Marriage."

The Washington Post reports that "Mad Cow Case Found In U.S. for First Time; Infected Animal Killed In Washington State." In related coverage, "Beef Businesses May Be Hit Hard; Japan, S. Korea Stop Imports." In news from Virginia, "Malvo Is Spared Death Penalty; Jury Gives Teen Life Sentence For His Role in Sniper Slayings"; "Malvo's Age Was the Deciding Factor"; "Jurors in 1st Trial Confounded but Loath to Criticize; Teen Deserves Death, Panelists Say"; and "Tormented Jurors Argued, Cried and Wavered Before Agreeing to Life." In somewhat related coverage, "In Virginia, Convicts Find They're Not Too Young to Die; Jury Spares Malvo, but Another Teen Killer Waits on Death Row." An article reports that "In Canada's Marijuana Debate, Supreme Court Backs Criminal Penalties." In other news, "Anthrax Vaccinations Suspended; Program for Military On Hold While Legalities Are Explored." An article reports that "Lenny Bruce Pardoned For His Language." And in local news, "Guard Posed -- and Was Sent Packing; Fired Md. Prison Employee Sues, Claiming Rights Were Violated."

Finally for now, The Christian Science Monitor today contains an article headlined "Florida's new approach to inmate reform: a 'faith-based' prison."

 
Elsewhere in Tuesday's newspapers: The Los Angeles Times reports that "Key Court Victories Boost Medical Marijuana Movement; After several successes, a seven-year struggle by advocates nears a critical point in 2004." In other news, "Supreme Court Denies Defamation Lawsuit by Simpson Trial Witness; State justices say the woman missed a legal deadline to pursue the case. Media firms had opposed an earlier panel's decision." An article reports that "Most Families Seek 9/11 Aid; In lieu of suits, more than 92% of those eligible have applied for federal assistance." In other news, "Military to Halt Anthrax Shots; U.S. judge orders the Pentagon to stop treating its personnel like 'guinea pigs,' saying the mandatory vaccinations are illegal." In news from Virginia, "Jury Weighing Life or Death Sentence for Sniper Malvo; Prosecutors call for 'the ultimate penalty' as a defense lawyer pleads for compassion." In news from Berlin, "German Court Sends Singer to Prison for Neo-Nazi Lyrics." The third article in a six-part series entitled "Butterfly on a Bullet" is headlined "Exhuming Columbia, One Piece at a Time; Early on, investigators had to rely on informed guesswork. But the clues were pouring in." And Robert Scheer's column is entitled "Secrets, Lies and Media Privilege."

The Washington Times reports that "Military can't force anthrax vaccines, judge rules." In other news, "Texas Democrats taking last stand on redistricting." An article reports that "Jury deliberates Malvo penalty." Bruce Fein has an op-ed entitled "President's powers arrested." And William Goldcamp has an op-ed entitled "Indifference to liberty."

The Boston Globe reports that "9/11 families rush to apply for compensation; Some opt out, decry fund ban on lawsuits." And in other news, "Dean seeks distance from suit; Won't file answer; leaves matter to AG."

USA Today reports that "Judge halts mandatory anthrax shots for troops." An editorial is entitled "Federal anti-spam law guts tough state remedies." And U.S. Senators Conrad Burns (R-MT) and Ron Wyden (D-OR) have a related op-ed entitled "New law packs potent tools."

 
From tonight's broadcast of National Public Radio's "All Things Considered": Tonight's broadcast contained the following reports (Real Player required): "Jury Spares Malvo from Execution"; "Religious Right Chafes at Judiciary's Restraint"; "Sept. 11 Compensation Filings Exceed Goals"; "Family, State Lawyers Argue Schiavo Case"; "Mad Cow Disease Feared in Washington State"; and "New York's Pataki Pardons Lenny Bruce."

 
Access online the defense closing argument in the penalty phase of the Lee Boyd Malvo trial: According to Adam Liptak's recap online at The New York Times Web site of today's sentence of life without parole, during the closing argument:

Mr. Cooley [one of Malvo's attorneys] asked jurors to consider their individual responsibility for imposing the death penalty, recalling that "in ancient times execution was a participatory activity." Jurors back then, he said, would stone the defendant to death and then retrieve their bloody weapons.

He walked to the counsel table and picked up a heavy stone, weighing it in his hand.

You can access the complete transcript of the defense closing argument here (page one) and here (page two). The complete text of the passage to which Liptak refers follows:

In ancient times, execution was a participatory act. Each member of the jury would go and arm themselves with a stone, and then they would hurl it into the head or body of the defenseless accused, and after it was over, each would retrieve their stone, and it would be soaked with the blood of the condemned. You are not holding it, but you can feel the weight of the stone. This stone has no humanity. This stone is ungiving. It is unfeeling. This stone has no compassion, and once it has been cast, it has no ability to temper its impact, and after you have cast it, you can feel on your fingertips the grip of the stone, and you know you've thrown it.

The Commonwealth urges you to vote to kill, to stain your stone with the blood of this child. The prosecution urges you to take up the stone. Your humanity challenges you to let this stone lie. A sentence of death requires unanimity. That means in order for an execution to occur, each of you must actively participate or worse, acquiesce in that decision. I beg each of you to consider and hold onto your conscientious beliefs.

In other coverage, The Washington Post reports that "Jurors Spare Malvo Death Sentence."

 
The major wire services are reporting: The Associated Press is reporting that "First-Ever U.S. Mad Cow Case Suspected"; "Mad Cow Comes After Sick Animal Ruling"; "Fla. Judge Ready to Rule on Schiavo Law"; and "Myers: Troops Need Anthrax Vaccinations."

Reuters, meanwhile, is reporting that "Jury Spares Teen Sniper Malvo's Life"; "U.S. reports first case of mad cow disease"; and "Judge Bars New Evidence in Right-To-Die Case."

 
"Sniper Malvo Gets Life in Va. Slaying": The Associated Press provides this report.

 
For those who believe Lee Boyd Malvo deserves the death penalty: A prosecution in Alabama would now appear to be your best hope. More information on the Alabama connection can be accessed here. Update: Also, don't overlook Louisiana, which remains in the running for reasons that are explained here.

 
Fourth Circuit prohibits Zacarias Moussaoui from making any additional pro se filings: Just in time for the holidays, the U.S. Court of Appeals for the Fourth Circuit today issued an order that requires Zacarias Moussaoui to keep his zany musings to himself. The Fourth Circuit's electronic docket, accessible here, reflects the names that Moussaoui has assigned to his many pro se filings.

 
BREAKING NEWS: The jury has recommended a sentence of life imprisonment without parole for Lee Boyd Malvo. Accordingly, he will not be receiving the death penalty in Virginia as a result of his participation in the DC-area sniper killings.

 
False alarm: The jury in the Lee Boyd Malvo trial returned to the courtroom with the verdict slip partially completed to show a sentence on only one of the three counts. The jury was thus returned to the jury room to complete its task. Whether this was an error in failing to complete the verdict slip fully or an error in failing to understand that the sentence on all three counts of conviction had to be arrived at before the sentence could be returned remains to be seen.

 
BREAKING NEWS -- The jury has reached a verdict in the sentencing phase of the Lee Boyd Malvo trial: An announcement of whether the jury will recommend the death penalty is expected sometime in the next twenty minutes.

 
"Court: AKC Clipped Dog-Tail Standard OK." The Associated Press provides this report. You can access today's ruling by the New York State Court of Appeals -- that State's highest court -- at this link.

 
"Pot laws don't violate charter: Canada's top court." CBC News reports here that "Canada's laws making the possession of small amounts of marijuana illegal do not violate the Charter of Rights and Freedoms, Canada's top court has ruled." And you can access today's ruling of the Supreme Court of Canada at this link. (Thanks much to a Canada-based reader for emailing this news and these links.)

 
Allstate must pay accidental death benefit to widow whose husband died from high altitude edema after reaching the summit of Mt. Kilimanjaro: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued this opinion.

 
Seventh Circuit creates circuit split over whether a certain federal sentencing enhancement can apply in underage Internet sex sting involving a pretend minor: Today a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued a majority opinion that begins:

ROVNER, Circuit Judge. The Internet has opened the doors for many to transact business and personal affairs with almost complete anonymity. For fifty-year-old John Mitchell, it allowed him to initiate a relationship with fourteen-year-old Dena Hugh. After two weeks of communicating with Dena about a variety of topics, but mostly about sex, he arranged to drive from Indiana to Illinois to meet her at a hotel near her home for the purpose of engaging in sexual activity. But the anonymity of the Internet works in both directions, and unfortunately for Mitchell, "Dena" was actually an undercover Cook County Sheriff's Detective posing as a fourteen-year-old girl. Mitchell was arrested at the Illinois hotel and pled guilty to traveling in interstate commerce with the intent to engage in a sexual act with an undercover agent whom he believed to be a fourteen-year-old girl. During sentencing the district court increased his offense level by two based on the United States Sentencing Commission Guidelines Manual (U.S.S.G.) § 2A3.2(b)(2)(B) (2001) which provides for a two-level enhancement where the defendant unduly influenced a minor under the age of sixteen to engage in prohibited sexual conduct. Mitchell argues that this enhancement cannot apply when the victim is an imaginary teenager and where no sexual conduct has occurred. Because we agree that the plain language of the sentencing guideline cannot apply in the case of an attempt where the victim is an undercover police officer, we reverse and remand for re-sentencing.

Circuit Judge Richard A. Posner joined in the majority opinion. Circuit Judge Frank H. Easterbrook dissented. You can access the entire very interesting decision at this link.

 
Only federal judge to rule that the Religious Land Use and Institutionalized Persons Act of 2000 is unconstitutional in the land use context has certified his decision for interlocutory appeal: Because the judge serves on the U.S. District Court for the Central District of California, the matter now proceeds to the U.S. Court of Appeals for the Ninth Circuit, which must first decide whether to allow this interlocutory appeal to occur. You can access the trial court's ruling on the merits at this link. The Becket Fund for Religious Liberty yesterday issued this press release. And you can learn more about the case here.

 
The U.S. Supreme Court amicus brief of the Knights of Columbus in the Pledge of Allegiance case can be viewed online: It is available here.

 
Don't dis them: An east coast-based federal appellate judge emails, "'Irregardless' must have been a typo. The judges obviously meant 'disirregardless.'" A Google search confirms that disirregardless is trying to enter the lexicon.

 
The Associated Press is reporting: An article headlined "Man Gets Death in Mass. Carjack Killings" reports that "Gary Sampson, a drifter who confessed to carjacking and killing two Massachusetts men during a weeklong crime spree, was sentenced to death Tuesday by a federal jury." According to the article, the death penalty was last carried out in Massachusetts in 1947.

And in other news, "Court: Companies Can Offer Phone Deals." You can access today's ruling by the U.S. Court of Appeals for the D.C. Circuit at this link.

 
In news from the Kerkorian-DaimlerChrysler AG case pending in federal court in Delaware: The Detroit Free Press today contains an article headlined "Former CFO denies he knew fate of his notes; Copy service mixup blamed." And The Detroit News today contains an article headlined "Notes reveal Eaton voiced merger worries; Deal 'almost a takeover,' then-executive said in 1998, according to unsealed DaimlerChrysler papers."

 
Results so far of my unofficial poll on new proposed amendments to Third Circuit's local rules -- seven opposed to line numbering, zero in favor: Late in the day yesterday, I noted here that the U.S. Court of Appeals for the Third Circuit had earlier in the day posted online proposed revisions to its local rules.

My write-up sought reader input on whether other federal appellate courts required that advocates file briefs that contained line numbering and whether I am alone in my disdain for line numbering. So far, none of the seven readers who responded to my post has cited to another federal appellate court that requires line numbering in appellate briefs. But all seven readers agree with me that line numbering is not a beneficial addition.

Here's a sampling of reader commentary. A reader from West Virginia writes:

Neither the Fourth Circuit nor the WV Supreme Court of Appeals requires line-numbering (and no, you are not alone, I think it's just plain unhelpful). Although it's been a year or so since I've had to file a brief in the Sixth Circuit, the last brief I filed did not include line numbers.

An attorney who practices in Kansas City, Missouri emails:

No such rule in the 8th or 10th Circuits. I agree with you--line numbering is too distracting.

An attorney who works on the staff of the Attorney General of Alaska emails:

Here, here. Nay to line numbering, aye to aesthetics, which then leads to the seemingly interminable debate on footnotes. (I vote no.)

A very experienced appellate attorney practicing in Philadelphia emails:

(1) I agree with you on both points. I favor electronic filing of briefs, but I see no good reason for line numbering. Where do they think we practice, Cahleefohkneeah, the land of "pleading paper"? If I need to refer to an opponent's brief (or my own opening brief, in a reply brief) by particular line number, I have not found it too difficult to count. The number is unlikely to be higher than 26, after all. My counting does become unreliable for numbers higher than 29, but you can't get that many lines onto a page. (2) Do you find it ironic that comments on these proposed rules are not invited for submission electronically or by e-mail, but only by regular mail?

A lawyer who handles appeals in California emails:

FRAP 32(e) states, "Local Variation. Every court of appeals must accept documents that comply with the form requirements of this rule. By local rule or order in a particular case a court of appeals may accept documents that do not meet all of the form requirements of this rule." Under 32(e) and because FRAP 32 doesn't require line-numbering, doesn't the 3d Circuit have to accept a brief without line-numbering, even if the 3d Circuit adopts the proposed local rule?

In practice, 9th Circuit briefs (and opinions) are not line-numbered. But I don't think the 9th Cir. local rules say anything about line-numbering and I doubt the court would reject a brief which has line-numbering.

The California Rules of Court expressly bar line-numbering for appellate briefs filed in the Cal. Ct. of Appeal and the Cal. Supreme Court: "The lines of text must be unnumbered ...." Cal.R.Ct. 14(b)(5).

If you're taking a survey of appellate practitioners, I'm with you on this one. Line-numbering is visually distracting and provides only "marginal" help in referencing text.

An attorney based in Boston emails:

No line numbering in the First Circuit.

But this raises another issue (and I'll definitely remain anonymous on this one): the 1st Circuit requires that the electronic version that is filed must be in WordPerfect. Although I am actually personally fond of WordPerfect, since nobody uses it, lawyers must convert filed from Word to WordPerfect at the last minute, generating many formatting and similar glitches on the eve of filing. Do other courts retain this adherence to the word processing program that lost the battle?

Thanks to all who have emailed. By the way, the Third Circuit's press release contains instructions on how to submit official comments. Emails to me, I'm afraid, don't count as official comments (although they may be read online here by those who end up reviewing the official comments, and also by many other appellate lawyers and judges who work and practice outside of the Third Circuit).

 
"Court reinstates suit of roofer hit by golf ball; Man says he was disabled when errant shot hit him in the head": Today's edition of The State contains this article. You can access here yesterday's unanimous ruling by a three-judge panel of the South Carolina Court of Appeals.

 
"The Law of War in the War on Terror": Kenneth Roth has this essay in the January-February 2004 issue of Foreign Affairs.

 
"Irregardless," part two: A reader emails to observe that Senior Circuit Judge J. Clifford Wallace wasn't the only judge serving on the U.S. Court of Appeals for the Ninth Circuit to use "irregardless" in a published opinion in recent months. (Details on his use of that "word" yesterday can be found here.) In a majority opinion filed on November 4, 2003, Circuit Judge Richard A. Paez uses the "word" on page 18 of this PDF file.

 
"ALCU sues Cranston for holiday display; The federal lawsuit seeks to keep decorations with a religious theme off the City Hall lawn." This article (free registration required) appears today in The Providence Journal.

 
"State disputes lawsuit over ouster": The Montgomery Advertiser reports here today that "Several Montgomery area residents, who want to see ousted state Supreme Court Chief Justice Roy Moore back on the bench, will have to wait as a federal judge decides whether to let the case proceed."

 
In Tuesday's newspapers: The New York Times reports that "Applicants Rush to Meet Deadline for Sept. 11 Fund." A related article reports that "Suit by Firefighters' Families Cites 9/11 Radio Failures." In news from Virginia, Adam Liptak reports that "Sniper's Youth Is Emphasized in Arguments on Death Penalty." An article reports that "California Leads in Making Employer Pay for Job Deaths." In other news, "Judge Halts Military's Required Anthrax Shots." In news from Delaware, "Lawyers Spar Over Note in Chrysler Case." An article reports that "Justice Officials Face Inquiry Over Testimony in Arms Case." In other news, "Yemeni Cleric Opposes Osama bin Laden, Diplomat Says." In local news, "Brooklyn Jury Rejects Death Penalty in 2 Killings." In news from Maine, "A Federal Case for a Teenager: Family Sees Tie to Ex-President." An article reports that "Lawyer Accuses Housekeeper of Blackmailing Limbaugh." Editorials are entitled "Terrorism and Liberty" and "Occupational Hazards." And an op-ed by Ruth Wedgwood is entitled "The Rule of Law and the War on Terror."

The Washington Post reports that "Malvo Jury Hears Pleas For Justice, Compassion; Death Penalty Deliberations Begin in Sniper Shootings." In other news, "Anthrax Shots Require Consent, Military Told." Dana Milbank's column is entitled "Under Bush, Expanding Secrecy." And letters to the editor appear under the heading "The Realities of Redistricting."

 
Elsewhere in Monday's newspapers: The Los Angeles Times reports that "Participants' Distrust Exposed in Piracy Battle; The record labels and file-sharing networks continue to be at odds over music software." And in other news, "Activist Going to Court for Answers; Man seeks unsealing of affidavits to learn why FBI had reason to arrest him in SUV vandalism."

USA Today reports that "In sexual assault cases, athletes usually cleared; Conviction rate much lower than other defendants'." A related item is headlined "Cases involving athletes and sexual assault." And in news from Colorado, "Judge weighs releasing accuser's records in Kobe Bryant case; Balance sought in rights of suspect, woman, public."

The Washington Times reports that "Majority in U.S. opposes 'marriage' for homosexuals." An article reports that "Campaign reformers eye FEC rules." Columnist Nat Hentoff has an op-ed entitled "The Supreme Court's double standard." And John R. Lott Jr. has an op-ed entitled "The NRA' s announcement."

Finally, The Boston Globe contains an editorial entitled "Police take notice."

 
Available online from law.com: In news from Texas, "Mock News Story Produces Accusation of Libel; A satirical item aimed at criticizing officials prompts free-speech debate." In a report on the "Monica" case from the Second Circuit, "Harassment Suit Against Professor Can Go Forward; But panel dismisses same claim against university." In news from the Third Circuit, Shannon P. Duffy reports that "Jury Must Be Quizzed on Police Bias During Voir Dire." An article reports that "New Jersey Domestic Partnership Act Advances; Assembly passes bill, supported by governor, creating quasi-marital status." An article is headlined "Continuing a Trend: Death sentences drop again in 2003." And a related report is headlined "California Death Spiral: Variety of reasons cause tumble in death judgments."

In today's issue of Legal Times (free registration required), Tony Mauro has an article headlined "Supreme Changes: In ways small and large, high court opened up and recognized wider world." Jonathan Groner has articles headlined "Bush's Ruling Class: While Washington got bogged down in nomination politics, some new judges started judging" and "Bench Benched: Congress put new restrictions on sentencing. The judges aren't pleased." And an article is headlined "Drawing the Line: Judges have started shutting down some of the administration's tools against terror."

 
Bull castration device appeal may follow: The Associated Press reports that "Firm Wins Suit Over Bull Castration Device."

 
Guess which circuit is home to a judge who disagrees with Chief Justice William H. Rehnquist over whether "irregardless" is a word? The story is told that Chief Justice Rehnquist once said to an advocate at oral argument, "I feel bound to inform you there is no word irregardless in the English language. The word is regardless." Today, Senior Ninth Circuit Judge J. Clifford Wallace, in his dissenting opinion on page 23 of this PDF document, seems to disagree. Thanks to a reader for drawing this to my attention.

 
Elk Grove Unified School District sponsors "Pledge of Allegiance Essay Contest": The Elk Grove Unified School District is the petitioner in the case now pending before the U.S. Supreme Court that seeks to overturn the Ninth Circuit's decision prohibiting inclusion of the words "under God" in the Pledge of Allegiance when recited in public school. I'm still looking forward to seeing a copy of the school district's opening brief on the merits, which was filed on Friday. In the meantime, however, I was amused to stumble across this announcement that the school district has sponsored a "Pledge of Allegiance" essay contest and -- get this -- the two winners will be flown to Washington, DC to watch the oral argument in the Supreme Court. Moreover, one of the two winners will have won by arguing that the school district's position in the case is full of baloney (or, for traditionalists and foodists, bologna).

 
I'm for electronic filing but against line numbering: Today the U.S. Court of Appeals for the Third Circuit posted to its Web site two proposed amendments to that court's local rules.

The first proposed amendment will require that briefs be filed electronically in addition to in print on paper, and the electronic version will be the official version of the brief. I favor electronic filing, because it will make it easy for the Third Circuit to allow online access to briefs the way that both the Seventh and Eighth Circuit now do. (This isn't to say that the Third Circuit is on the verge of doing so, but at least it will soon have the ability to do so.)

The second proposed amendment will require that both the electronic version and the printed version of an appellate brief include line numbering throughout the body of the brief. Perhaps I'm alone in this view, but line numbering is one of my least favorite practices in the law. (With apologies to the Second Circuit, a court whose published opinions almost always contain line numbering.) The practice of line numbering makes a document less aesthetically pleasing, and the huge distraction it supplies far outweighs the minor benefit of having to count lines oneself. Take this example of a Second Circuit opinion issued today (and be sure to see what happens in the case of multiple footnotes on page 17). Perhaps I'm gullible, but this typography guide from the Seventh Circuit has convinced me that appellate briefs should be pleasing to the eye. Line numbering, I'm afraid, detracts from that goal. And I can't believe that a huge time savings will be achieved if practitioners could more easily cite to a specific line or lines of a brief as opposed to an entire page.

I'd be interested to hear from lawyers who practice in other circuits whether any other federal appellate courts require the line numbering of briefs. Although it's been a while since I've filed a brief in the Second Circuit, my recollection is that not even that court requires line numbering in appellate briefs. (The super-large docket number required on Second Circuit briefs is an issue for another time.)

 
Access online the federal government's opening brief on the merits in the Pledge of Allegiance case pending before the U.S. Supreme Court: The opening brief that the Solicitor General's Office filed on Friday can now be accessed here. Thanks much to the reader who so kindly forwarded this brief to me.

 
The Associated Press is reporting: An article reports that "Judge Halts Forced Military Anthrax Shots." You can access here today's decision by District Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia.

And in other news, "Malvo Jury Begins Weighing Death Penalty" and "Suspects Plead Innocent to Terror Funding."

 
Barbie and Beanie Babies (just in time for the holidays): Today a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion by Circuit Judge Richard R. Clifton that begins, "Barbie, the ubiquitous doll produced by Mattel, has been a regular visitor to our court." Today's decision reverses the dismissal of a lawsuit involving Barbie that Mattel filed, perhaps ensuring additional visits from Barbie to the Ninth Circuit in the near future.

Seventh Circuit Judge Richard A. Posner -- the December 2003 "20 questions for the appellate judge" interviewee -- mentioned in his answer to question 10 his "absurdly frequent beanie-baby opinions." Today the Seventh Circuit issued Judge Posner's most recent Beanie Baby opinion, which addresses (among other things) whether the term "Beanies" has become generic.

 
"The country appears evenly split on the use of the filibuster to stop the progress of President George W. Bush's judicial nominations." United Press International published this article on Friday.

 
En banc Third Circuit upholds streamlined appellate review procedures applicable before the Board of Immigration Appeals: The vote on that issue was 9-4. On the other issue before the court, the petitioner prevailed (by a vote of seven for, three against, and three stating no position), on his claim that neither the Immigration Judge nor the BIA provided sufficient reasons to reject his testimony as incredible. Today's very interesting opinion can be accessed here. No three-judge panel opinion had previously issued in this case; rather, the case went en banc less than two months after it had been argued before a three-judge panel. A look at how each of the judges on the original panel voted in today's decision perhaps explains why en banc review was needed.

 
My pledge to link to the merits briefs filed in the U.S. Supreme Court in the Pledge of Allegiance case: Last Friday was the due date for parties opposed to the Ninth Circuit's ruling in the Pledge of Allegiance case to file their opening briefs on the merits. Although the federal government's brief received some press coverage on Friday night, as of this moment the brief hasn't been made available for download or viewing via the Solicitor General's Web site. If anyone wishes to forward via email links to where the merits briefs have been posted online or the briefs themselves in PDF format, please feel free to do so. (Those wishing to forward one or more briefs should first email to request my alternate email address, as large attachments sent to this blog's email account will likely be bounced-back to the sender.)

 
The Associated Press is reporting: Now available online are articles headlined "Defense Rests in Sniper Sentencing Phase"; "3 Counts Dropped Vs. Guantanamo Worker"; "Ark. Inmates Get Fruit, $5 for Christmas"; and "Condit Sues Over Chandra Levy Articles."

 
"Your Cellphone is a Homing Device: Don't want the government to know where you are? Throw away your cell, stop taking the subway, and pay the toll in cash." Apropos of an article from Sunday's issue of The New York Times headlined "Lost? Hiding? Your Cellphone Is Keeping Tabs," a reader emails to draw my attention to this very interesting article by Brendan I. Koerner that appeared in the July-August 2003 issue of Legal Affairs.

 
"Pot Luck: A victory for federalism." On Friday, Reason posted online this essay from Jacob Sullum.

 
"New views on death penalty: Some murder victims' kin reject capital punishment; others endorse the sanction." This article appears today in The Richmond Times-Dispatch.

 
"Judges reconsider teasing case; Partial victory for Federal Way child": The Seattle Post-Intelligencer today provides this news from the U.S. Court of Appeals for the Ninth Circuit.

 
"Should The Supreme Court Clean Up Its Own Mess?" Stuart Taylor Jr. has this essay today at National Journal.

 
"New era beckons UR law school; T.C. Williams seeks to gain recognition as one of the best": This article appears today in The Richmond Times-Dispatch.

 
"Dad fights polygamy gag order in court": The Salt Lake Tribune provides this report today.

 
"Maleng under fire over death penalty": Today's issue of The Seattle Times contains this report.

 
"Man will ask court to let him procreate; Ohio Supreme Court agrees to hear case of ban on siring children": This article appears today in The Akron Beacon Journal.

 
In Monday's newspapers: The New York Times reports that "Both Sides Like Chances in I.B.M. Worker Safety Practices Trial." An article reports that "U.S. Rarely Seeks Charges for Deaths in Workplace." In other news, "New Snowmobile Rules Roil Yellowstone." An article reports that "For More People in 20's and 30's, Home Is Where the Parents Are." And in local news, "Off on Yom Kippur? It's Probably Time to Work a Holiday."

The Washington Post reports that "Eleventh Hour Approaches To Apply for 9/11 Fund." In other news, "Calif. Immigrant Initiative Revived; Ballot Proposal Would Bar State Services to Undocumented." An article reports that "Out-of-State Sales Of Va. Wines Awash In Legal Confusion." In local news, "Indignation but Few Indictments; Md.'s U.S. Attorney Challenged by Limited Resources, Competing Agendas." And an editorial is entitled "Trust in Voting Machines."

The Christian Science Monitor reports that "Kobe Bryant judge is soft-spoken but stern; Colleagues say Terry Ruckriegle won't let a media frenzy get in the way of a basketball star's trial." And an article is headlined "It's 2 a.m. Do you know where your workers are?"

 
Elsewhere in Sunday's newspapers: The Los Angeles Times contains an article headlined "Side Job Was Unusual for Her Small Town -- Too Unusual; She's a suburban mom in Texas who decided to sell adult toys for extra income. She wound up charged with promoting 'obscene devices.'" Henry Weinstein reports that "Death Sentences Dip Again." An article is headlined "A Flawed Terrorist Yardstick: The Justice Dept. tally of more than 280 suspects detained for prosecution after Sept. 11 is inflated with dismissed and unrelated cases." Articles from The Associated Press are headlined "Card Counters Say Casinos Stack the Deck to Exclude Them; Gambling houses lump them with cheats, even though counting is legal. It betters a player's odds -- and worsens those of the management" and "Military Declares War on Payday Lenders; The high-interest loans hurt troop morale and combat readiness, officials say. Some see a need for financial counseling." In local news, "New Trial Ordered for Man Convicted in Killing." An article reports that "A Pacifist by Any Other Name Wouldn't Stand Out on Ballot." The second article in the six-part series "Butterfly on a Bullet" is headlined "Curious Outsiders Get the Jump on NASA; The shuttle may have been America's pride. But it was also part of the aging infrastructure." An article is headlined "Where Political Influence Is Only a Keyboard Away: More than ever, the Internet gives people a connection -- and a voice -- in campaigns." And an editorial is entitled "The Price of Not Telling."

The Washington Times contains a report from Guantanamo Bay, Cuba headlined "Muslim among Muslims." And in other news, "Texas 'Dr. Death' retires after 167 capital case trials."

 
"December 10: A Worrisome Day for the Freedom of Speech; McCain-Feingold's champions have long described it as only a modest first step." Stuart Taylor Jr. had this essay last week in National Journal.

 
"3-way rights fight tangles Bryant case: Demands of defendant, accuser, media clash." The Denver Post today contains this report.

 
"Push for same-sex marriage heats up; Recent rulings on gay rights spur effort to amend Constitution to limit marriage to 'the union of a man and a woman'": This article appears today in The Austin American-Statesman.

 
"Liberty in the balance: Patriot Act's broad brush; Aimed at terrorists, the landmark legislation affects average citizens." Today's issue of The Sacramento Bee contains this report.

 
"A twisted children's crusade? The snipers' trail of death begins with two troubled lives a generation apart." This article appears today in The Richmond Times-Dispatch.

 
"Witnesses in Oly case lambaste prosecutors": The Salt Lake Tribune today contains an article that begins, "Witnesses say prosecutors and FBI agents bullied them, twisted their words and threatened to indict them when they disagreed with the government's take in the Olympic bribery case."

 
"A Nation Divided: Seminole rift more than a black-and-white issue." Today's edition of Newsday contains this report.

 
"Court to weigh parental rights; Estranged lesbian partners in S.F. case both biologically related to daughters": This article appears today in The San Jose Mercury News.

 
"Students have every right to recite the Pledge": Greg Abbott, the Attorney General of Texas, has this op-ed in today's issue of The Dallas Morning News.

 
"Supreme Court shows danger of idle hands": Columnist Steve Chapman has this op-ed today in The Chicago Tribune.

 
In Sunday's newspapers: The Washington Post reports that "Luna's Three-State Car Trip A Mystery to Investigators; Amateurs Spin Theories About Killing of Md. Prosecutor." In news from Virginia, "Emotions Take Over In Wake Of Verdict; Grief on Display In Push for Death." The "Cash Flow" column reports "No Gay Marriage Benefits at the Federal Level." In other news, "What a Family Secret Begat: Essie, Strom and Me; For One Reporter, 1981 Tip Finally Yields the Big Story." The "Career Track" column is headlined "Prepare to Do Your Duty." An editorial is entitled "Fairness for Detainees." And Cass R. Sunstein has an op-ed entitled "In Court v. Congress, Justices Concede One."

In The New York Times, Adam Liptak reports that "Court Leaves the Door Open For Safety System Wiretaps." In other news, "You Say 'Takeover.' I Say 'Merger of Equals.'" An article reports that "A Deficit of $100 Million Is Confronting the N.R.A." In local news, "Absent Ashcroft Is a Presence at Murder Trial." In business news, "Next for the Big Board: To Sue or Not to Sue?" The first in a three-part series on workplace deaths is headlined "A Trench Caves In; a Young Worker Is Dead. Is It a Crime?" In business news, "Making Malpractice Harder to Prove." Jeffrey Rosen has a Week in Review essay entitled "Pursuing Justice: Perils of the Past." And Mark Essig has an op-ed entitled "How Poisoners Succeed in a 'C.S.I.' Nation."

 
"Jefferson Found Guilty in Mock Trial": The Associated Press provides this report. U.S. Supreme Court Justice Antonin Scalia was one of judges who participated in the mock trial.

 
Elsewhere in Saturday's newspapers: The Los Angeles Times reports that "Record Labels Lose Court Case on Privacy" and that "Refund Unlikely for Sued File Sharers." In news from Colorado, "Judge Says He'll 'Make the Law' on Key Motions; Ruckriegle continues decision on medical records of accuser. D.A. lied about T-shirts." Relatedly, columnist J.A. Adande has an essay entitled "For Bryant, Reality Now Is a Surreal Proposition." An article reports that "Court Bows Out of Fight Over Health Insurance Law." In other news, "Backers of Prop. 187 Push for New Initiative; Proposed measure to deny services to illegal immigrants raises fears of divisive racial politics." An article reports that "Federal Judge OKs a Pay Day for Panhandlers in Chicago; Resolving a class-action suit over ticketing and arresting beggars will cost the city $474,000." In other news, "Hearing Concludes for Chief of POW Camp; Iraqi prisoners didn't have to endure worse treatment than Marine recruits, say lawyers for an officer accused of brutality." In local news, "Removal of Hanukkah Banners Protested; A Newbury Park homeowners' board says the consequences are 'unintended.'" The first article in a six-part series entitled "Butterfly on a Bullet" is headlined "Decoding Columbia: A detective story. In an inquest fraught with questions of guilt and shame, scientists unravel the mystery of a shuttle's demise." And today's editorial cartoon by Michael Ramirez is captioned "If the 9th Circuit court had its way..."

The Washington Times reports that "High court urged to put God back in Pledge." In other news, "Court protects Internet servers." An article reports that "Relatives confront Malvo in court." And an article is headlined "Calif. judge allows gay 'marriage' law."

The Boston Globe reports that "Record industry loses round." An article reports that "Campaign finance changes spur new kind of attack ads." In local news, "Jury caps fees owed tobacco law firms; Attorney general cites a victory." In other local news, "Sampson jury hears appeal to its reason." And an editorial is entitled "Principles over power."

 
From Sunday's edition of The New York Times: Tomorrow's newspaper will include articles headlined "Strong Support Is Found for Ban on Gay Marriage" and "Lost? Hiding? Your Cellphone Is Keeping Tabs."

 
From this morning's broadcast of NPR's "Weekend Edition - Saturday": "The Man Behind the Law in the Padilla Case" -- "NPR's Scott Simon talks with retired federal judge and former congressman Abner Mikva. Mr. Mikva was behind the 1971 law stipulating that 'no citizen shall be imprisoned... by the United States except pursuant to an act of Congress.' That law was cited this week in a federal court ruling on the case of accused terrorist Jose Padilla." Also, you can hear a segment entitled "New Emphasis on Redistricting Makes for Safe House," featuring an interview with Jeffrey Toobin. (Both segments require Real Player.)

 
"Ex-felons seeking voting rights get trial; A federal appellate court grants more than 600,000 former felons in Florida a federal trial to challenge the state's ban on the restoration of their voting rights." This article appears today in The Miami Herald. And The South Florida Sun-Sentinel reports that "Court OKs voting rights challenge." My earlier coverage of this ruling can be accessed here.

 
Law Professors Eugene Volokh and David Cole debate this week's federal appellate court rulings limiting Presidential powers in the war on terror: And David G. Savage, who covers the U.S. Supreme Court for The Los Angeles Times, also makes an appearance. The debate occurred on the program "To the Point," on Public Radio International. To listen, click here (Real Player required) -- this segment begins at 7 minutes and 40 seconds into the program and lasts almost half an hour. (Thanks much to the reader who drew this to my attention.)

 
In Saturday's newspapers: The New York Times reports that "Court Limits Efforts to Unmask Music Swappers." From Virginia, Adam Liptak reports that "Day for Tears as Survivors Talk of Pain Sniper Caused." An article reports that "Special Interests Unfazed by New Campaign Limits." In business news, "Hartford to Pay $1.5 Billion to Settle Asbestos Claims"; "Final Pact Approved in Long-Running Debit Card Litigation"; and "Deadline Set in Asbestos-Related Case." An article reports that "Army Reprimands a Romeo, but Not Everyone Is Happy." In local news, "More Than Mere Partners." And a letter to the editor appears under the heading "A U.S. Citizen, Denied His Rights."

The Washington Post reports that "Recording Industry Curbed on Music Suits." In news from Virginia, "Emotions Run High In Malvo Courtroom; Suffering Described In Penalty Phase." In related coverage, "Malvo's Mother Seeks Mercy; James Blames 'Bloodthirsty' Muhammad for Influencing Son." In local news, "Rules Set Hinckley Itineraries; Judge Strictly Limits Unsupervised Trips." An article reports that "Audio of Attorney-Detainee Interviews Called Illegal." In other news, "Justice Dept. Clears Texas Redistricting; Democrats' Lawsuit Is Still Pending." In news from Colorado, "Bryant Court Looks at Privacy; Attempt to Balance All Parties' Rights Could Set Precedent." And an article reports that "Ashcroft Not Queried On Campaign Funds; Critics See Weakness in Election Panel."

 
An update on the legal battle over Texas redistricting: The Houston Chronicle today reports that "Ashcroft OKs remapping plan; Partisan politics, foes say." You can view the U.S. Department of Justice's letter, dated yesterday, at this link.

In other coverage, David Pasztor of The Austin American-Statesman reports that "Justice Department OKs new Texas congressional districts; Redrawn maps don't violate minority voting rights, the agency says." A related editorial is entitled "Texans now must look to courts to end sorry redistricting mess." The Dallas Morning News reports that "Agency backs remap; Court could still reject GOP plan approved by Justice Department" and "Panel: Mid-decade redistricting OK under state law." The Star-Telegram of Fort Worth reports that "Redistricting map gets OK" and that "Frost, Stenholm still expect court to overturn GOP redistricting plan." And The San Antonio Express-News reports that "Redistricting is close to final OK."

 
"Pledge is more about politics than religion": U.S. Senator John Cornyn (R-TX) has this op-ed today in The Austin American-Statesman.

 
Elsewhere in Friday's newspapers: The Los Angeles Times reports that "Malvo Found Guilty of Murder in Sniper Spree; Jury rejects the defense's insanity claim and convicts the 18-year-old on two capital counts." In news from Seattle, "Green River Killer Given Life Sentence; Gary Leon Ridgway tearfully apologizes for murdering 48 women. The judge and families of the victims lash out at the 'emissary of death.'" An article reports that "Jackson Formally Accused of Molestation." In business news, "RealNetworks Sues Microsoft; The software giant is accused of illegally bundling its Media Player with Windows in the $1-billion digital media antitrust suit." In news from Colorado, "Hearing to Center on Medical Records; Attorneys for Bryant trying to establish that accuser continually seeks attention"; "The Burden Is on Him; Ruckriegle took on the challenging, high-profile case because, friends say, he believes the local courts' reputation depends on it"; and "Uncertainty Surrounds Bryant." An article reports that "Charge That Chief of POW Camp Brutalized Iraqis May Be Dropped." In local news, "Prosecutor Portrayed Slaying 2 Ways, Judge Says" and "D.A. Wins Appellate Fight to Try 4 Convicted Men; The ruling will allow the murder prosecution of those who were found guilty of lesser federal counts in double slaying." And an editorial is entitled "Look to Law, Not Leaders."

The Washington Times reports that "Jury convicts Malvo of capital murder." In other news, "West would make 'sacrifice' again." An article reports that "Nativity scenes cause uproar." And an editorial is entitled "Hinckley on the loose."

USA Today reports that "Malvo guilty of murder in sniper spree; Penalty phase starts today." In other news, "Jackson charged with molestation; Faces 7 counts of lewd acts on boy" and "Jackson case like O.J.'s on global scale; Trial would rivet the world." An article reports that "9/11 families filing claims as deadline nears." An editorial is entitled "U.S. strikes delicate balance in compensating 9/11 victims," while Beverly Eckert has a related op-ed entitled "'Silence cannot be bought.'"

The Boston Globe reports here that "2 Yanks, 1 Red Sox employee charged; Clerk-magistrate says case vs. players 'weak.'" And in other news, "Sampson jury hears pleas for life, death."

 
"Chick to Push for Reform of City's Ethics Laws": The headline writers love it when this woman does stuff, as this article from today's edition of The Los Angeles Times demonstrates.

 
"For the Love of Legos: Why would a successful corporate lawyer abandon his career to earn $13 an hour playing with plastic blocks? Nathan Sawaya will be only too happy to tell you." This article appeared in yesterday's issue of Newsday. And you can see more of this lawyer's LEGO artwork here.

 
In case you missed it: While catching-up from my recent business trip to the tropics, I neglected to link to the following two articles. The Seattle Post-Intelligencer one week ago contained an article headlined "Judge talks publicly for first time about her DUI arrest."

And The San Francisco Chronicle on December 8th contained an article headlined "Battle royal over wine shipped interstate; Winemakers want direct Internet sales; distributors say no." A related graphic appears here.

 
Access online the amicus brief that Jay Alan Sekulow and The American Center for Law and Justice filed in the U.S. Supreme Court's Pledge of Allegiance case: The brief, filed today, can be viewed here. And you can also access a related press release.

 
"Trial ordered in Florida felon voting lawsuit": The Associated Press provides this report.

 
The Associated Press is reporting: You can now access online articles headlined "Bush Asks High Court to OK Pledge Recital" and "Livestock Suit Vs. Government Resurrected."

 
From tonight's broadcast of National Public Radio's "All Things Considered": Tonight's broadcast contained the following reports (Real Player required): "Court Rules Against RIAA in File-Trading Dispute"; "Malvo Jurors Hear from Sniper Victims' Families"; "Testimony in Malvo Sentencing Phase Questioned"; and "Deadline Nears for Sept. 11 Families' Fund."

 
Divided three-judge Eleventh Circuit panel reinstates lawsuit by ex-felons in Florida challenging the constitutionality of their voting disenfranchisement: Thanks to this ruling issued today, at some point in the future there could be even more votes that might or might not get counted in Florida.

 
"RealNetworks sues Microsoft; Legal action alleges attempt to dominate digital media market": The Seattle Post-Intelligencer today offers this report. The Seattle Times reports that "RealNetworks files $1 billion antitrust suit against Microsoft." The San Jose Mercury News reports that "Microsoft rival files antitrust lawsuit; RealNetworks aims to avoid Netscape's fate." And The San Francisco Chronicle reports that "RealNetworks sues Microsoft on antitrust; Music player firm says software giant hasn't made good on pact." The complaint filed yesterday in the San Jose division of the U.S. District Court for the Northern District of California can be viewed at this link.

 
In this upcoming Sunday's issue of The New York Times Magazine: You will find articles headlined "The Loophole Artist" and "Dumpster-Diving for Your Identity." And the "Lives" feature is entitled "The Trial After the Trial."

 
Overseas news coverage of Texas sex toy prosecution: The Age of Melbourne, Australia reports in its Saturday issue that "Sex aid case sends Texas into a legal lather." The Scotsman reports that "Sex aid saleswoman charged with obscenity." And The Times of London recently had an article headlined "Undercover sting leaves town with bad vibrations," but it is available only to paid subscribers. My previous round-up of domestic press coverage of this case can be viewed here.

 
"Bush Declares 2nd Circuit Judges 'Enemy Combatants'": The "ScrappleFace" blog offers this post.

 
"Court schedules hearing on remap; Judges prepare to reply to Justice ruling": This article appears today in The Houston Chronicle.

 
Additional coverage of yesterday's federal appellate court rulings involving the war on terror: In The Los Angeles Times, David G. Savage reports that "Rulings Dent Detentions of Terror Suspects; One appeals court finds the Bush team can't hold in a military brig a U.S. man seized in Chicago. A second says inmates in Cuba may seek release" and Henry Weinstein reports that "Court Backs Rights for Detainees; The foreigners held at the U.S. naval base in Cuba can legally challenge their confinement, appellate judges rule." The Boston Globe reports that "US court rejects detention policy; Says citizen can't be held indefinitely." The Chicago Tribune contains an article headlined "Courts: Terror cases flawed; Bush can't order citizen held as enemy combatant." The San Francisco Chronicle reports that "Courts affirm rights of terror suspects; Judges reject Bush policies on prisoners in Cuba and U.S." The Knight Ridder Newspapers report that "Bush handed setbacks in 2 terror rulings." The Washington Times reports that "Courts rebuke White House." USA Today offers articles headlined "Court: U.S. can't hold citizen as 'combatant'; Terror strategy challenged" and "Government could see further setbacks after Padilla ruling; Bush administration faces challenges on its policy of open-ended detentions." And The Post and Courier of Charleston, South Carolina -- the town where Jose Padilla is being detained -- reports that "Feds ordered to release or charge bomb suspect."

Finally, last night's edition of NewsHour with Jim Lehrer contained a segment entitled "Terror Suspects." You can read the transcript or hear the audio (Real Player required for audio).

 
"Emotional 911 Tape Played in Sniper Case": The Associated Press provides this report. The death penalty phase of the Lee Boyd Malvo prosecution began this morning in Chesapeake, Virginia.

 
Retired California Supreme Court Justice, represented by two highly respected law professors, asks U.S. Supreme Court to vacate Ninth Circuit's Pledge of Allegiance ruling: You can access here the amicus curiae brief that Law Professors Richard A. Epstein and Neal Katyal have filed on behalf of retired California Supreme Court Justice Joseph R. Grodin. The brief argues that the Supreme Court should vacate the Ninth Circuit's ruling and direct the Ninth Circuit to certify to the Supreme Court of California the questions of state law on which Michael A. Newdow's standing depends.

By the way, today is the due date for the opening briefs of the parties that are challenging the Ninth Circuit's ruling in this case (see the U.S. Supreme Court's docket entries here), so stay tuned for further developments.

 
"Court Rejects Music Industry Subpoenas": The Associated Press provides this coverage. And Reuters has an article headlined "Court: Net Music Subpoenas Not Authorized."

 
D.C. Circuit orders the quashing of Recording Industry's subpoenas issued to Verizon to discover the name of two large traders of .mp3 files: You can access today's unanimous ruling by a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

 
"Judge ordered to consider dropping case; Billions at stake in suits involving asbestos victims, bankrupt firms and their lenders": The Newark Star-Ledger today contains this report on yesterday's ruling by the U.S. Court of Appeals for the Third Circuit.

 
In Friday's newspapers: The New York Times reports that "U.S. Courts Reject Detention Policy in 2 Terror Cases." A news analysis is headlined "In Debate on Antiterrorism, the Courts Assert Themselves." An article reports that "Detainees' Abuse Is Detailed." In news from Virginia, Adam Liptak reports that "2nd Sniper Found Guilty in Virginia." In other news, "Doctors' Reports Swayed Hinckley Judge." An article reports that "Jackson Is Formally Charged With Child Molesting." In news from Seattle, "Families Speak as Green River Killer Gets 48 Life Terms." In business news, "RealNetworks Accuses Microsoft of Restricting Competition"; "Vitamin Maker Agrees to Deal on Price Lawsuit"; and "New York and Microsoft File Suits on E-Mail Spam." In news from Boston, "2 Yankees and Worker Are Charged in Fight." In local news, "Group Says at Least $6 Billion More Is Needed to Fix New York Schools." An article is headlined "Mining the Gold in Gay Nuptials." And an editorial is entitled "The Padilla Decision."

The Washington Post reports that "Seized Citizen Is Ordered Released; Bush Overreached Powers, Court Says." In related news, "Detainee to Get Hearing; 9th Circuit Ruling Could Lead to Court Dates for Others at Guantanamo Bay." Charles Lane has a news analysis headlined "War on Terrorism's Legal Tack Is Rejected; Court Challenges Declaration and Detention of U.S. Citizen as Enemy Combatant." An article reports that "Tapes Show Abuse of 9/11 Detainees; Justice Department Examines Videos Prison Officials Said Were Destroyed." In news from Virginia, "Malvo Guilty of Capital Murder; Sniper Trial Jury to Choose Life or Death as Sentence"; "For Relatives, Satisfaction And Relief; Malvo Friends Hope for Life Sentence"; "At the Core of the Case: Should a Life Be Spared?"; and "The Fatherless Son: For Lee Boyd Malvo, a Twisted Version of a Classic Literary Quest." In business news, "RealNetworks Files Antitrust Lawsuit Against Microsoft; Windows-Media Player Bundling Targeted." An article reports that "Prosecution Challenged In Islamic Charity Case; Judge Questions Numerous Allegations." A front page article reports that "Jackson Charged With Molestation; 9 Counts in Abuse Case Center on Young Teenage Boy." In news from Colorado, "Bryant Defense to Target His Accuser; Motions at Hearing to Assert Sexual History, Psychiatric Records Are Admissible." And an editorial is entitled "Mr. Malvo's Fate."

In The Christian Science Monitor, Warren Richey has an article headlined "Court import: Be careful whom you get in a car with; The Supreme Court finds that all occupants of a car can be arrested if officers find unclaimed contraband."

The Wall Street Journal contains an editorial entitled "September 10 Mindset: Two judges decide the U.S. isn't a 'zone of combat.'" And a second editorial is entitled "Don't Call It Christmas: Secularist fanatics try to take 'holy' out of the holidays."

 
Elsewhere in Thursday's newspapers: The Los Angeles Times reports that "Judge Grants Hinckley Outings With Parents; Ruling follows experts' advice. Advocates for the would-be assassin's victims are upset." In other news, "Last of the 'Lackawanna Six' Terror Defendants Sentenced." An article reports that "Judge Finds Fisheries Service Failed to Give Orcas Protection; Officials didn't use best available science about Puget Sound killer whales, he rules." And in other news, "Ban on Vehicles at Parks Fought; Snowmobile advocates challenge reinstated restrictions at Grand Teton and Yellowstone."

The Washington Times reports that "Hinckley freed for day trips." An article reports that "Appeals court OKs medicinal pot." In news from Virginia, "Malvo jurors clarify 'malice.'" An article reports that "Ashcroft apologizes for remark." And in other news, "Bush marriage stance not 'clear.'"

USA Today reports that "Hinckley allowed unsupervised trips; Judge says Reagan shooter no danger." And in other news, "Bush's gay-marriage tack risks clash with his base."

 
FindLaw commentary defames Law Professor Laurence H. Tribe? So he appears to be claiming in an email reprinted here, written in response to this commentary that FindLaw published today. The author of the commentary has issued this response to Professor Tribe's email.

 
Also available in the January-February 2004 issue of Legal Affairs magazine: In addition to the must-read profile of Ninth Circuit Judge Alex Kozinski, which I first noted here earlier today, the new issue of the magazine also contains several other items of note.

Lincoln Caplan, the magazine's editor and president, has an essay in which he argues against dividing the Ninth Circuit. Richard A. Posner has an essay entitled "Smooth sailing: Democracy doesn't need Deliberation Day. If spending a day talking about the issues were a worthwhile activity, you wouldn't have to pay voters to do it." Judge Posner's essay is a response to an essay by Bruce Ackerman and James Fishkin entitled "Righting the ship of democracy: Presenting Deliberation Day: A radical proposal to help voters make better decisions." And last but not least, Richard W. Garnett has an essay entitled "Let off with a warning: In Miranda cases, maybe the Supreme Court should exercise its own right to remain silent."

 
Available online at law.com: An article reports that "Circuits Challenge Bush's Anti-Terror Authority; 2nd and 9th Circuits rule against government in handling of U.S., foreign detainees." In news from Georgia, "Day Trader Firms Ruled Not Liable for Rampage." And in news pertaining to the U.S. Court of Appeals for the Second Circuit, "Inflicting Emotional Distress Increases Federal Sentence; Enhancements for bodily injury may include psychological injury."

 
"Ten Commandments ruled out; Three counties in Kentucky posted biblical message": The Associated Press has this report on this morning's ruling by the U.S. Court of Appeals for the Sixth Circuit. You can access my earlier report on that decision at this link.

 
"Friends, family pay tribute to slain prosecutor": This article appears today in The Columbia (Md.) Flier.

 
"Insanity Defense Still Could Help Malvo": The Associated Press provides this report.

 
Noting a minor inaccuracy in today's Ninth Circuit decision regarding Guantanamo detainees: Today's ruling by a divided three-judge Ninth Circuit panel in Gherebi v. Bush states, on page 4 of the PDF file: "Nor has a single Guantanamo detainee been given the opportunity to consult an attorney, had formal charges filed against him, or been permitted to contest the basis of his detention in any way."

Over the past several days Australian attorney Stephen Kenny was permitted to visit with Guantanamo detainee (and Australian citizen) David Hicks. An article headlined "Hicks not mistreated, says lawyer" reports that "Mr Kenny has returned to New York after being the first defence lawyer given access to any of the 600 detainees at Guantanamo Bay, Cuba." Friday's edition of The Australian contains an article headlined "Hicks advised to plea bargain." Friday's edition of The Herald Sun contains an article headlined "Saddam 'better off' than Hicks." Friday's edition of The Age reports that "Hicks did not kill or injure, says lawyer." Friday's edition of The Sidney Morning Herald contains an article headlined "Hicks dilemma: plead guilty or stay at Guantanamo Bay indefinitely." Today's edition of The Australian contains an article headlined "Hicks charge 'to save Bush face.'" Reuters very early this morning issued an article headlined "Guantanamo a 'Black Hole,' Says 1st Civilian Lawyer to Visit." And BBC News today has a report headlined "'Unequal treatment' at Guantanamo: A lawyer who has visited his client being held at a US base in Guantanamo Bay, Cuba, has told the BBC prisoners there are not being treated equally."

You can access here the transcript of an interview the Australian Broadcasting Corporation conducted with attorney Kenney. And the Australian Broadcasting Corporation offers this very interesting audio report (Real Player required).

By pointing out this minor inaccuracy in today's ruling, I do not intend to be critical of any of the judges on the panel. Obviously the opinion is not written or revised substantially on the day before its issuance. Nevertheless, it will be interesting to see whether this minor point is deemed worthy of correction.

 
"Courts Set Back Terror War Legal Strategy": David Kravets of The Associated Press has an article that begins, "In twin setbacks for the Bush administration's war on terror, federal appeals courts on opposite coasts ruled Thursday that the U.S. military cannot indefinitely hold prisoners without access to lawyers or the American courts."

 
From tonight's broadcast of National Public Radio's "All Things Considered": Tonight's broadcast contained the following reports (Real Player required): "Padilla Can't Be Held as Combatant, Court Says" (featuring Nina Totenberg); "The Padilla Ruling and Presidential Powers"; "Malvo Guilty in Sniper Killing"; and "'Green River Killer' Sentenced."

 
For the U.S. Department of Justice, it was a day to issue press releases addressing unfavorable federal appellate court rulings: You can access a press release on the Second Circuit's ruling in the Padilla case here and a press release on the Ninth Circuit's ruling in the Guantanamo habeas case here.

 
"Special tribunal suspends justice; Allegations against Diaz called prejudicial": In news from Mississippi, The Clarion-Ledger yesterday contained this article.

 
"Malvo Guilty of Murder in Sniper Spree": The Associated Press provides this report. From The New York Times, Adam Liptak and Kirk Semple report that "Malvo Convicted of Capital Murder in Sniper Shootings." The Washington Post reports that "Malvo Found Guilty of Capital Murder." And Reuters reports that "Malvo Guilty in DC Sniper Case, May Face Death."

 
Don't call her "Monica": Today a unanimous two-judge panel of the U.S. Court of Appeals for the Second Circuit reinstated sexual harassment claims against a state university professor who continually referred to a student as "Monica." You can access the opinion at this link.

 
BREAKING NEWS -- Jury finds Lee Boyd Malvo guilty on all three counts: Presumably now the trial will move on to the death penalty phase, which could start as early as tomorrow. Malvo was convicted on charges of capital murder and terrorism, both of which would allow imposition of the death penalty.

 
Third Circuit refuses, for now, to order the recusal of U.S. District Judge Alfred M. Wolin in mandamus actions relating to five large asbestos-related bankruptcies pending in Delaware: You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link. Instead, the Third Circuit has ordered Judge Wolin to allow the creation of a record and to rule, himself, on the recusal motions before the end of January 2004. The Third Circuit panel has retained jurisdiction to consider any further Third Circuit proceedings that will follow Judge Wolin's ruling on the recusal motions. Today's result accords with the impressions that I took away from the oral argument the Third Circuit held in these matters last Friday.

 
BREAKING NEWS -- Lee Boyd Malvo jury reaches a verdict: CNN has just reported that the verdict will be announced in open court at 4:45 p.m. eastern time.

 
"The Big Kozinski": The cover story, by Emily Bazelon, contained in the January-February 2004 issue of Legal Affairs magazine bears the title "The Big Kozinski: If the Ninth Circuit were a circus--and some say it is--Alex Kozinski would be its ringmaster. Presenting the most controversial judge on our most controversial court." You can see the cover image here.

 
"The Theology of the Blaine Amendments": Law Professor Richard W. Garnett will have an article, which is currently accessible via this link, in a forthcoming issue of the First Amendment Law Review. Thanks to Stuart Buck for the pointer.

 
Can you hear me now? Apparently the answer was "no" in a portion of Mequon, Wisconsin, causing Verizon Wireless to seek permission to construct an additional cell phone antenna there. Today a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, in an opinion by Circuit Judge Richard A. Posner, affirmed a federal trial court's order requiring Mequon to issue the permit Verizon is seeking. As usual, the opinion is well worth reading. To give just one example, the opinion states that Mequon's "'slippery slope' argument can't get off the ground."

 
"Court: Terror Suspects Must Get Lawyers": David Kravets of The Associated Press has this report on today's quite newsworthy Ninth Circuit ruling, which I first noted here.

 
OPEC cannot be sued in the United States for alleged antitrust violations unless OPEC consents to receive service of process: That would seem to be a possible consequence of this decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.

 
Not standing by: Today a divided three-judge Eighth Circuit panel decided an interesting appeal presenting the question whether a defendant in a criminal case who had invoked his right to self-representation was unlawfully deprived of that right when stand-by counsel's response to a question from a potentially key defense witness caused the witness to secure her own lawyer and invoke her Fifth Amendment right to refuse to testify in the defendant's defense. The majority concluded that the defendant's rights were not infringed, but Circuit Judge Morris Sheppard Arnold has a persuasive dissent explaining why he has reached the contrary conclusion. You can access the complete ruling at this link.

 
EVEN MORE ENEMY COMBATANT BREAKING NEWS -- Divided three-judge Ninth Circuit panel holds that federal district courts have jurisdiction to consider habeas petitions of uncharged foreign detainees held at Guantanamo Naval Base: You can access the ruling, issued just moments ago, at this link. Circuit Judge Stephen Reinhardt wrote the majority opinion, in which Senior District Judge Milton I. Shadur, sitting by designation from the U.S. District Court for the Northern District of Illinois, joined. Circuit Judge Susan P. Graber dissented. In an unpublished order issued today, the panel has stayed the issuance of its mandate pending the U.S. Supreme Court's resolution of a case presenting this very same issue.

 
"In this case we are called on to determine whether a cow is an uninsured motor vehicle under appellants' insurance policy." So beings an opinion that Ohio's Eleventh District Court of Appeals issued earlier this month. Yesterday's issue of The Plain Dealer reports that "Court concurs: Cow-llision not covered." Talk about your "downed livestock." [Thanks much to the Ohio-based law professor who forwarded a link to this ruling.]

 
All fifty States have joined in a U.S. Supreme Court amicus brief asking that the Ninth Circuit's Pledge of Allegiance ruling be overturned: People who support the Ninth Circuit's ruling remain entitled to reside in the District of Columbia and the U.S. Territories. The amicus brief can be accessed here.

 
Some initial news coverage of today's Second Circuit ruling in the enemy combatant case: The Associated Press reports that "Bush Overruled on 'Dirty Bomb' Suspect." Reuters reports that "Appeals Court Says Bush Can't Hold U.S. Citizen." And CNN.com offers a report headlined "Court: President cannot detain U.S. citizen as enemy combatant" (which, frankly, is too sweeping of a characterization of today's ruling). I provide links to today's ruling in the post immediately below.

 
BREAKING NEWS -- The U.S. Court of Appeals for the Second Circuit holds that "the President does not have the power under Article II of the Constitution to detain as an enemy combatant an American citizen seized on American soil outside a zone of combat": The ruling comes in the case of accused enemy combatant Jose Padilla. The majority opinion was written jointly by Circuit Judges Rosemary S. Pooler and Barrington D. Parker, Jr. Circuit Judge Richard C. Wesley has dissented in part and would uphold the President's authority to detain Padilla. [Thanks so very much to the readers of "How Appealing" who ensured that I was among the first to report on this very significant ruling.]

Update at 11:25 a.m.: The Second Circuit has now posted online the majority and dissenting opinions.

 
"Bush Judicial Nominee: Bombing Birds Benefits Birdwatchers." The Web site "Bush Greenwatch" apparently isn't entirely in favor of Fourth Circuit nominee William James Haynes II. The item in question can be accessed here.

 
More coverage of American Lawyer Media's owner, who just purchased New York magazine: The New York Times today offers an article headlined "Why Did He Buy New York? Hey, Wasserstein Loves Deals." And The New York Post today offers an article headlined "Put the Champagne on ice: Bruce runs a tightwad ship."

 
Commentary available online from FindLaw: Today Law Professor Marci Hamilton has an essay entitled "The Supreme Court's Recent Landmark Campaign Finance Decision: Acknowledging the Factual Record Of Corruption in Congress." And Chris Geidner, a law student who blogs here and here, has an essay entitled "Why Civil Unions Are Not Enough: The Massachusetts Supreme Court's Ruling Gives Gays and Lesbians the Right to Marry." Yesterday, Law Professor Sherry F. Colb had a essay entitled "Are Strip Searches Special? A New York Appellate Court Says Yes, But the U.S. Supreme Court's Views Remain Unknown."

 
A lawyer blogs about lawyer blogs: This is a follow-up to my post from last night entitled "Prepare the shark for jumping."

 
"Damages against bank slashed; Md. appeals court cuts award by $239 million; Software firm alleged fraud": This article appears today in The Baltimore Sun. You can access yesterday's ruling by the Court of Special Appeals of Maryland -- that State's intermediate appellate court -- at this link (119-page PDF document).

 
"What duty of care, if any, is owed by a 911 emergency dispatcher to the public?" Today at 1 p.m. eastern time, 10 a.m. pacific time, the Supreme Court of California is scheduled to issue a decision resolving this issue.

Update: The court's ruling can be accessed here.

 
BREAKING NEWS -- Divided three-judge Sixth Circuit panel affirms injunction that prohibits Ten Commandments displays by two counties and a school district in Kentucky: You can access today's ruling at this link. The appeal was argued one year and two weeks ago.

Circuit Judge Eric L. Clay delivered the opinion of the court. Circuit Judge Julia Smith Gibbons wrote a separate opinion concurring in part and concurring in the judgment. Senior Circuit Judge James L. Ryan, who coincidentally was the author of the majority opinion the Sixth Circuit issued yesterday upholding the constitutionality of Ohio's ban on partial birth abortion, dissented.

Back in November 1999, the American Civil Liberties Union issued a press release announcing its initiation of the lawsuits that led to today's ruling. The Courier-Journal of Louisville, Kentucky reported on December 5, 2002 that "Court hears appeal on display of Bible rules; E. Kentucky counties contend judge erred in ordering removals." That newspaper also provided the following earlier coverage of the case: "Judge: Ten Commandments displays must come down" and "ACLU wants counties held in contempt; Fines, removal of Commandments displays sought." And in November 1999, The Associated Press covered the filing of the lawsuits in an article headlined "Ten Commandments draw ACLU lawsuits."

 
"Appeals Court backs ban on abortion procedure; Suggests exception for health is needed": Lyle Denniston provides this report today in The Boston Globe. The Cincinnati Enquirer reports that "Ban on abortion method upheld; Challenge to Ohio law continues." And The Dayton Daily News reports that "Court allows Ohio late-term abortion ban; Appeals court rejects Judge Rice's ruling."

 
In Thursday's newspapers: The New York Times reports that "Hussein Enters Post-9/11 Web of U.S. Prisons." Relatedly, an article reports that "Victims of Gas Say Swift Death for Hussein Would Be Too Merciful." In other news, "Man Who Shot Reagan Allowed to Visit Parents Unsupervised." Neil A. Lewis reports that "Lawyer for Taliban Detainee Says His Client Is Depressed." In news from Paris, "Chirac Backs Law to Keep Signs of Faith Out of School." An article reports that "2 Times Reporters to Testify in Scientist's Case Against U.S." In local news, "Competing Images in a Death-Penalty Case." And Joan Jacobs Brumberg has an op-ed entitled "Separating the Killers From the Boys."

The Washington Post reports that "Brief Urges Review of Hamdi Case; Attorney Wants Supreme Court Ruling on Detention Policy." A front page article reports that "Judge Grants Hinckley Unsupervised Outings; Stays at Parents' Home Not Allowed." In other news, "Malvo Jury Begins Deliberating; Panel Asks Judge Several Questions in Va. Sniper Trial." An article reports that "Australian at Guantanamo in 'Legal and Moral Black Hole,' Lawyer Says." In news from Virginia, "10 Years For Man Who Aided Jihad Probe." In other news from Virginia, "Injection Argument Gets Va. Execution Delayed." In news from Maryland, "Mikulski Decries Detention Center Plan; Senator Criticizes Justice Department for Not Consulting Pr. George's Residents." An editorial is entitled "An Injustice Undone." And columnist Robert J. Samuelson has an op-ed entitled "Muzzling Speech," while columnist Richard Cohen has an op-ed entitled "Let Saddam Live."