"Abortion Study Could Shift Debate over Ban": Yesterday's broadcast of NPR's "Weekend Edition - Saturday" contained this report (Real Player required). The study that is the subject of the segment can be accessed here and here.
"Ruling on deportation mystifies abortion foes; Judge let pregnant woman stay in U.S.":This article appears today in The Kansas City Star.
"Hanging with the chief justice": The author of the Feeney Amendment visits with Chief Justice William H. Rehnquist, and Scott Maxwell has the details today in The Orlando Sentinel.
"Defendants go on the offensive; Claiming their names are copyrighted, five S. Jersey men bill when judges, prosecutors and defense lawyers use their names":This article appears today in The Philadelphia Inquirer.
"U.S. Terror Tactics in Top Court Cases Criticized": James Vicini of Reuters provides this report.
ACLU dislikes cross but doesn't find Catholic rosary objectionable:The Los Angeles Daily News today contains an article headlined "ACLU won't contest city seal" that begins, "Fresh from victories to eliminate crosses from the Los Angeles County and the city of Redlands official seals, the ACLU took a pass Friday on making an issue out of the Catholic rosary that has encircled the seal of the city of Los Angeles for the past 99 years." You can view the seal of the City of Los Angeles, and read an explanation of its contents, at this link (one-page PDF file)
BREAKING NEWS -- Former President Ronald Reagan has died at the age of 93:The Associated Press provides this obituary. One of the topics sure to be reported on in the hours and days ahead will be the extent to which President Reagan's nominations to Article III courts influenced the federal judiciary in a way that few other U.S. Presidents have been able or willing to do.
"Gonzales says memo just a draft": The Houston Chronicle today contains an article that begins, "White House counsel Alberto Gonzales on Friday defended a controversial memo he wrote concerning prisoner rights under the Geneva Conventions as a draft that never reached the president."
"Court bid by Utahn in jeopardy; Lapse on paying dues may keep him off D.C. panel":The Deseret Morning News today contains an article that begins, "Failure to pay his local bar association dues for three years is now threatening to derail the nomination of Utahn Thomas B. Griffith to what is considered the nation's second-highest court: the Court of Appeals for the District of Columbia. His failure to pay the dues allowed his membership in the D.C. Bar Association to lapse. Membership is required for a law license in Washington. That led the Washington Post, which first disclosed the situation Friday, to say Griffith 'practiced law for three years in the District without a valid license,' and some are calling for investigations that could delay and possibly kill his confirmation." And The Salt Lake Tribune reports today that "Fed court nominee missed paying dues."
"'3 strikes' challenge makes ballot; Fall measure's backers say penalties too harsh": Howard Mintz has this article today in The San Jose Mercury News.
"Don't expect to know verdict until at least Tuesday; Judge won't be back until then in Al-Hussayen case":This article appears today in The Idaho Statesman.
And from Tennessee, The Monroe County Advocate & Democrat reports here that "Judge Thomas A. Varlan on Thursday denied the county’s motions to dismiss the American Civil Liberties Union’s lawsuit demanding that the Ten Commandments display be removed from the Monroe County Courthouse."
Second Circuit affirms decision holding that public school districts violate Title IX by scheduling only girls' high school soccer for a time of year that makes teams ineligible for the state championship: You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
"State Supreme Court upholds trooper's firing":The Indianapolis Star today contains an article that begins, "Ben Endres, a State Police trooper fired in 2000 for refusing to patrol a riverboat casino for religious reasons, has lost his legal fight to regain his job." Marcia Oddi offers more details here (second item) at "The Indiana Law Blog."
"Ban for cussing has library patron fuming; Writer says 1-year suspension violates his free-speech rights":This article appears today in The Ann Arbor News.
"Bay State Judge Elected To Yale Board":The Hartford Courant today contains an article that begins, "Yale alumni have picked a judge who helped strike down the ban on gay marriage in Massachusetts to fill an open seat on the university's governing board, the Yale Corporation. Margaret Marshall, the first woman to serve as chief justice of the Massachusetts Supreme Judicial Court, was picked over two venture capitalists also nominated for a position on Yale's 17-member board. Her appointment was announced Thursday."
There may yet be "Peace in the Gulf": At least the slogan would be allowed to appear on a small highway billboard that an Oregon resident wishes to display from his own land if the grant of rehearing en banc that the U.S. Court of Appeals for the Ninth Circuit issued today produces a result opposite that reached back in December 2003 by a divided three-judge panel whose decision you can access here.
In Hawaii, lawyer narrowly rejected for state court judgeship may be nominated to fill federal court vacancy:This article appears today in The Honolulu Advertiser.
In case you missed it: As I first noted here last night, Lyle Denniston -- who most recently covered the U.S. Supreme Court for The Boston Globe -- has signed-on to cover the Court for "SCOTUSblog." The official announcement can be found at this link.
This most amazing news raises a bevy of questions. First, will Lyle be able to keep his Supreme Court press credentials now that he is writing for a blog instead of a major newspaper? If so, will the Supreme Court issue press credentials to other bloggers? And is the view better from the press section or the section where members of the Supreme Court's bar are seated? (Don't worry, I already know the answer to that final question.)
Rumors that I am angling to cover the Court for The Boston Globe are overblown. I continue to maintain that anyone who lives so far away from the Court that they are located outside the radius that includes Dahlia Lithwick's residence should not be covering the Court on a daily basis. Moreover, reporting on the Supreme Court can be dangerous business. Earlier this Term, a member of the Supreme Court's press corps sustained a fractured leg walking near the Court's grounds. Whether this injury was payback for less than entirely favorable coverage remains under investigation.
I do have a hunch that the money Lyle will make writing for "SCOTUSblog" will exceed what I am paid for allowing Legal Affairs to host this blog, thus causing Lyle to eclipse me as the person most highly paid for blogging about the law. I'll simply try to console myself with the fact that since opening my solo appellate litigation boutique in early February 2004, I've remained well on pace toward having my most financially rewarding year ever since I entered the private practice of law in 1991.
U.S. Court of Appeals for the D.C. Circuit reverses $959 million judgment entered against Republic of Iraq, the Iraqi Intelligence Service, and Saddam Hussein: The judgment had been entered in favor of seventeen American soldiers, joined by their close family members, who were captured and held as prisoners of war by the Iraqi Government while serving in the Gulf War in early 1991.
Circuit Judge Harry T. Edwards wrote the majority opinion, in which Circuit Judge David S. Tatel joined. The majority rejected the U.S. government's argument that recently enacted provisions of the Emergency Wartime Supplemental Appropriations Act made the terrorism exception to the Foreign Sovereign Immunities Act inapplicable to Iraq and thereby stripped the district court of its jurisdiction over the plaintiffs' suit. The majority nevertheless reversed the judgment, holding that plaintiffs' suit failed to state a valid cause of action. Circuit Judge John G. Roberts concurred in the judgment dismissing the case. Judge Roberts would have held that the new legislation ousted the federal courts of jurisdiction in cases that relied on the terrorism exception to Iraq's sovereign immunity and that this ouster of jurisdiction is properly applied to pending cases. At one point in the opinion, Judge Roberts writes, "Give me English words over Latin maxims."
You can access the majority opinion here and Judge Roberts's opinion concurring in part and concurring in the judgment here.
Its literal meaning is "battle of mice and frogs." Figuratively, it is used to mean a fight over nothing. That should be pretty easy to work into an opinion, don't you think?
I did a quick search on LEXIS and as far as I could tell, it had not been used in any opinions or law review articles.
"GOP Nader, RIP: Roy Moore would rather take his Decalogue case to the Supreme Court than become a presidential spoiler; Damn." Timothy Noah has this chatterbox essay online at Slate today.
Reporter Lyle Denniston to write about the U.S. Supreme Court for "SCOTUSblog": You can access a post communicating this exciting news at this link. Don't despair -- my negotiations with Linda Greenhouse, Charles Lane, David G. Savage, Jan Crawford Greenburg, Stephen Henderson, Michael McGough, Tony Mauro, Joan Biskupic, Dahlia Lithwick, and Nina Totenberg to cover the Court for "How Appealing" are continuing full speed ahead.
"Ford ordered to pay nearly $369 million to woman paralyzed in Explorer rollover":The Associated Press provides this report. The total consists of $122.6 million in compensatory damages that a San Diego-based state court jury awarded yesterday and $246 million in punitive damages awarded today. And Reuters reports that "Ford Told to Pay $246 Million."
"Cruise lines wonder: How far does law sail?"The Miami Herald today contains an article that begins, "Norwegian Cruise Line has settled a wrongful death case involving a 13-year-old boy but is still pressing for a ruling on how far Florida's jurisdiction extends into the sea."
Just as an fyi, the winner of the spelling bee is the son of Law School Professor Jay Tidmarsh at the University of Notre Dame---I had him for several classes and thought he was one of the smartest, kindest, and most talented persons I have ever met.
In today's issue of The Newark Star-Ledger: Today's newspaper contains an article headlined "Other justices bid farewell to Verniero" that begins, "He was called unqualified and narrowly dodged impeachment, but Justice Peter Verniero leaves the New Jersey Supreme Court with praise and admiration from the six people who arguably know him best -- his fellow justices."
"Court halts judge's order to register gay marriage licenses; The appellate ruling comes days before a deadline for Oregon to start processing more than 3,000 licenses":The Oregonian today contains an article that begins, "The Oregon Court of Appeals has temporarily halted a judge's order requiring state officials to register the licenses of more than 3,000 same-sex couples who got married in Multnomah County in March and April."
"Alleged Memogate Conspirator Says Fighting Judicial Nominees Is Left's Priority": CNSNews.com today provides this report.
"Mo. Court Rules on Gay Marriage Amendment":The Associated Press reports here that "The Missouri Supreme Court ruled Thursday that a proposed constitutional amendment banning gay marriage should be on the August ballot - a victory for Democrats seeking to steer the contentious issue away from the November general election." You can access today's ruling of the Supreme Court of Missouri at this link.
U.S. Court of Appeals for the Third Circuit breaks evenly divided split among eight other federal appellate courts over what Chapter 7 bankruptcy debtors with car loans must do to retain their automobiles: You can access today's ruling by a divided three-judge panel at this link. Circuit Judge Marjorie O. Rendell wrote the majority opinion, in which Senior Circuit Judge Ruggero J. Aldisert joined. The majority sided with the more debtor-friendly half of the circuit split. Circuit Judge Dolores K. Sloviter dissented, because in her view the case is moot.
National Spelling Bee as useful background for clerkship on U.S. Court of Appeals for the First Circuit: Over the lunch hour, I managed to watch some of this afternoon's live telecast of the National Spelling Bee on ESPN. Given the obscurity of so many of the words in the competition (the current round included the words heldentenor, scutellate, lyophilize, vernissage, mithridatism, resipiscence, and balancelle), I can't help but think that viewing the competition should be required of anyone who will have to work with the published opinions of First Circuit Judge Bruce M. Selya.
Access today's commercial speech ruling of the Supreme Court of California: The decision is available online at this link. This morning I previewed the questions presented in a post you can access here.
Finally, from Utah, The Salt Lake Tribune contains an editorial entitled "Etched in stone" that begins, "According to one federal judge, a stone version of the Ten Commandments can stay in a Pleasant Grove park because the monument is 'primarily secular in purpose.' Too many more victories like that, and the Ten Commandments won't have any religious meaning left. It's hard to see how the faithful could consider that progress." And The Daily Herald of Provo contains an editorial entitled "Religious freedom in Pleasant Grove."
Highway kept kontinually klean by Unit 188 of the Knights of the Ku Klux Klan: Today a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit affirmed a trial court's ruling that Missouri had unlawfully denied Unit 188's application to participate in that State's Adopt-A-Highway program. Today's opinion concludes:
In sum, our holding in Cuffley II establishes that the State may not deny Unit 188's AAH application because it discriminates on the basis of race, and exclusion of Unit 188 pursuant to the "history of violence" regulation unconstitutionally restricts its expressive and associational rights. We thus affirm the district court's grant of the plaintiffs' motion for summary judgment.
You can access today's decision in its entirety at this link.
"Conservatives Grumble Over Judicial Deal": Jesse J. Holland of The Associated Press has an article that begins, "Conservatives are grumbling that President Bush let Senate Democrats snooker him when he agreed to quit using recess appointments to install his most contentious nominees on federal appeals courts while Congress is out of town."
Happy news for Sixth Circuit nominee Henry W. Saad:The Associated Press reports here that "A Senate committee is expected to end a lengthy standoff between Republicans and Democrats and vote on whether to recommend Michigan Court of Appeals Judge Henry Saad to a federal appeals court." The vote is expected to occur at today's executive business meeting of the Senate Judiciary Committee. It appears that the meeting may be televised live online -- if so, click here to access the video feed (Real Player required) after the meeting gets underway at 9:30 a.m. eastern time.
Update: As those who have tried to access the video feed already know, in fact the meeting is not being televised live online.
(1) What is the appropriate test under article I, section 2 of the state Constitution for determining when the government may compel the funding of collective commercial speech? (2) Is the government interest in an agricultural product marketing order illusory if it allows the majority of those affected by the order, rather than the government, to decide how the program should operate?
"Judge: Ad Restrictions Unconstitutional."The Associated Press reports here from Washington, DC that "A judge said Wednesday that a federal law aimed at restricting the display of paid, pro-marijuana ads in buses and subway stations is unconstitutional, improperly infringing on free speech rights."
"Indictment dismissed; AG intends to pursue streetlight case": Thursday's issue of The Pacific Daily News contains an article that begins, "A Superior Court of Guam judge late yesterday afternoon dismissed a case against former Gov. Carl Gutierrez and three others because exculpatory evidence was not presented to the grand jury."
"ACLU challenge prompts dress code change; Newport News schools eliminate the requirement that female students wear dresses to graduation based on complaints made to the ACLU":This article appears today in The Daily Press of Hampton Roads, Virginia.
"Proof, Negative: The Justice Department's triumphant victory over the Constitution."Slate has recently posted online this jurisprudence essay by Dahlia Lithwick.
"Two Men Convicted of Stealing Petroglyphs":The Associated Press reports here from Reno, Nevada that "Two men who removed 1,000-year-old Indian rock carvings from a national forest and used some of the 300-pound boulders as lawn ornaments were convicted Wednesday of theft of government property. They were acquitted of violating archaeological protection law."
U.S. Court of Appeals for the Third Circuit announces details of oral argument in FAIR v. Rumsfeld, the case challenging the legality of the Solomon Amendment: Oral argument will occur at noon on Wednesday, June 30, 2004 in Philadelphia. The court has allotted thirty minutes per side to the parties with an additional fifteen minutes (per side?) for counsel for amici.
"Different Strokes, Different Folks": CBS News analyst Andrew Cohen today has an essay addressing the question "After two years of near-silence about Padilla, why would it suddenly become appropriate to release all this detail?"
"Gay Couple Feels Pressured To Marry":This article appears in today's issue of The Onion.
Divided three-judge panel of the U.S. Court of Appeals for the First Circuit holds, notwithstanding the plain language of the supplemental jurisdiction statute, that each plaintiff in a diversity action must separately satisfy the amount-in-controversy requirement: You can access today's decision at this link. Circuit Judge Sandra L. Lynch wrote the majority opinion, in which Chief Judge Michael Boudin joined. The majority opinion begins:
In April 1999, Beatriz Blanco-Ortega, then nine years old, cut her right pinky finger on a can of Star-Kist tuna. That is not normally the stuff of lawsuits in federal court, but her injuries were more than trivial and led to surgery, the prospect of future surgery, and minor permanent disability and scarring. Beatriz, along with her parents and sister, sued in federal court, asserting diversity jurisdiction. 28 U.S.C. sec. 1332. The claims of Beatriz's family members were composed of emotional distress damages, with the mother asserting medical expenses as well. Plaintiffs' choice of federal court was no doubt influenced by the fact that civil jury trials are unavailable in the local courts of Puerto Rico.
Circuit Judge Juan R. Torruella dissented in an opinion you can access here. Someday the U.S. Supreme Court will resolve the sharp division of authority that exists among the U.S. Courts of Appeals on this question.
"Banana Slugs" is two words, "Billikens" is only one, but what about "Tarheels"? These three college nicknames appear on the third page of Seventh Circuit Judge Terence T. Evans's quite entertaining opinion issued yesterday.
A reader who practices law in the State of North Carolina emailed this morning:
The Seventh Circuit opinion by Judge Evans incorrectly states the name of the University of North Carolina's athletic teams as one word -- Tarheels -- when in fact it is two words -- Tar Heels. Some alumni like me get very picky about this. See, for instance, this link explaining the origin of the name. Or see the website for UNC's daily newspaper, The Daily Tar Heel which by its name makes it clear Tar Heel is two words.
Those readers more interested in the substance of yesterday's ruling likely will enjoy this post at the "Random Mentality" blog.
"Facing Suit, County to Remove Seal's Cross": Today's issue of The Los Angeles Times contains an article that begins, "Los Angeles County supervisors on Tuesday ended an emotional debate over the symbolism of the tiny gold cross on the county seal by deciding to remove it rather than defend it against a threatened ACLU lawsuit. Advised by county attorneys that the cross might not withstand a court challenge, the Board of Supervisors voted to seek a compromise with the ACLU -- perhaps by replacing the cross with images of a Spanish mission and Native Americans." You can view at this link an image of the seal of Los Angeles County as it currently appears.
"Minibottle issue goes public; Voters to decide if state sticks with 1.7-oz. liquor bottles": Today's issue of The Charleston Post and Courier contains an article reporting that "minibottles are written into the state constitution." A quick look at the Constitution of South Carolina turns up this provision.
Guam dispute demonstrates the difficulties that can arise when the judiciary serves as the Attorney General's landlord: Today's edition of The Pacific Daily News contains an article headlined "AG set to battle rent in court" that begins, "Attorney General Douglas Moylan said yesterday he will not agree to using $436,000 from his office's budget to pay for rent and his office is preparing to defend itself in court. The attorney general's office is on the brink of eviction from the Guam Judicial Center in Hagatna after the Judiciary of Guam sent a notice Friday stating that the AG's office has five days to pay long-overdue rent. The AG's office lease agreement also will be terminated by June 30. The attorney general's office occupies 14,355 square feet at the judicial building and has not paid rent since 1996." Today's newspaper also contains an editorial entitled "Hold off: Judiciary must be reasonable and delay demands for AG rent until fiscal 2005."
"Parker beats Justice Brown in Supreme Court Place 1 race":The Birmingham News today contains an article that begins, "Former Chief Justice Roy Moore backed four candidates in the Alabama Republican primary, but only one scored an outright victory Tuesday night." And The Associated Press reports here that "A narrow win by Roy Moore's former top aide in a Republican primary for the Alabama Supreme Court helped salvage a night in which three other acolytes of the ousted chief justice fell short of victory."
"Timing for gay marriage ban vote is argued":The St. Louis Post-Dispatch today contains an article that begins, "The Missouri Supreme Court on Tuesday plunged into the legal fight over when the state should vote on a gay marriage ban, but during nearly 40 minutes of oral arguments, the court provided few hints on how it might rule."
"Wag of the capital blog set; In her Washington Web log, Wonkette.com, Ana Marie Cox is proud to be utterly shameless":This article will appear in Wednesday's issue of The Los Angeles Times. Why is Ana Marie Cox so good? Because she once worked at Suck.com, and it ruled.
Sometimes I'll write blog posts whose connection to the law are not readily apparent: Back on Saturday, November 16, 2002, I wrote here that the HBO program "Curb Your Enthusiasm" is a wonderful television show. Today The Associated Press offers an article headlined "HBO Filming Helps Free Accused L.A. Man" that begins, "'Curb Your Enthusiasm,' an HBO show known for its acerbic wit, accidentally helped deliver a happy ending to a man who had been charged with murder."
"Slate's Jurisprudence: Testing the Limits of Free Speech." Today's broadcast of NPR's "Day to Day" included this report (Real Player required) featuring Dahlia Lithwick.
"Regrettably, it appears that Judge Evans has misspelled the name of the much-loved banana slug Ariolimax dolichophallus":Seventh Circuit Judge Terence T. Evans's quite entertaining opinion issued today has spawned yet another email. It reads:
Regrettably, it appears that Judge Evans has misspelled the name of the much-loved banana slug Ariolimax dolichophallus, as can be shown by reference to, for example, this Web page. Furthermore, in accordance with the International Code of Zoological Nomenclature, the scientific name of an animal species should be printed in italics, with the generic name (here Ariolimax) capitalized.
U.S. Court of Appeals for the Eighth Circuit grants rehearing en banc in the judicial electioneering case of Republican Party of Minnesota v. Kelly: Thanks to Law Professor Rick Hasen for passing along this news. The order granting rehearing en banc can be accessed at this link.
"What in the world is a 'Billiken'?"Seventh Circuit Judge Terence T. Evans posed that question in footnote two of his highly recommended opinion issued today. Reader Marty Lederman emails to say that an answer of sorts can be found at this link. And to think, just two weeks ago people were asking "Who is Marty Lederman?"
Elsewhere in the email bag, a reader who practices law in Houston, Texas writes:
With such a rollcall of mascots I must recommend my alma mater, the Evergreen State College, of Olympia, Washington, our mascot is the Geoduck ("gooeyduck"), which is actually a giant clam, and represented in our fight song with such words as "suck it in, spit it out."
The information seeker can find a powerpoint show at this link.
Judge Evans no doubt has the geoduck in reserve in the event that an opinion sur denial of rehearing en banc is necessary.
"U.S.: Suspect Sought to Blow Up Buildings."The Associated Press reports here that " Jose Padilla, a former Chicago gang member held as a terrorism suspect for two years, sought to blow up hotels and apartment buildings in the United States in addition to planning an attack with a 'dirty bomb' radiological device, the government said Tuesday." And James Vicini of Reuters reports that "U.S. Outlines Padilla 'Dirty Bomb' Case."
"Federal judge says partial-birth abortion ban unconstitutional": David Kravets of The Associated Press reports here that "A federal judge Tuesday declared the Partial-Birth Abortion Ban Act unconstitutional, saying the measure infringes on a woman's right to choose. The ruling applies to the nation's 900 or so Planned Parenthood clinics and their doctors, who perform roughly half of all abortions in the United States." You can access today's ruling by District Judge Phyllis J. Hamilton of the U.S. District Court for the Northern District of California at this link (117-page PDF file).
Divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issues motley opinion in Crue v. Aiken: If you look at only one appellate opinion today, this should be the one. Writing for the majority, the opinion of Circuit Judge Terence T. Evans begins:
This case, raising First Amendment issues involving the University of Illinois, concerns "Chief Illiniwek," who, depending on one's point of view, is either a mascot or a symbol of the university. More on this distinction later but first, before getting to the issue at hand, we detour for a brief look at college nicknames and their embodiment as mascots.
In the Seventh Circuit, some large schools--Wisconsin (Badgers), Purdue (Boilermakers), Indiana (Hoosiers), Notre Dame (The Fighting Irish), DePaul (the Blue Demons), the University of Evansville (Purple Aces), and Southern Illinois (Salukis)--have nicknames that would make any list of ones that are pretty cool. And small schools in this circuit are no slouches in the cool nickname department. One would have a hard time beating the Hustlin' Quakers of Earlham College (Richmond, Indiana), the Little Giants of Wabash College (Crawfordsville, Indiana), the Mastodons of Indiana University-Purdue University-Fort Wayne (Fort Wayne, Indiana), and the Scarlet Hawks of the Illinois Institute of Technology.
But most schools have mundane nicknames. How can one feel unique when your school's nickname is Tigers (43 different colleges or universities), Bulldogs (40 schools), Wildcats (33), Lions (32), Pioneers (31), Panthers or Cougars (30 each), Crusaders (28), or Knights (25)? Or how about Eagles (56 schools)? The mascots for these schools, who we assume do their best to fire up the home crowd, are pretty generic--and pretty boring.
Some schools adorn their nicknames with adjectives--like "Golden," for instance. Thus, we see Golden Bears, Golden Bobcats, Golden Buffaloes, Golden Bulls, Golden Eagles (15 of them alone!), Golden Flashes, Golden Flyers, Golden Gophers, Golden Griffins, Golden Grizzlies, Golden Gusties, Golden Hurricanes, Golden Knights, Golden Lions, Golden Panthers, Golden Rams, Golden Seals, Golden Suns, Golden Tigers, and Golden Tornados cheering on their teams.
All this makes it quite obvious that, when considering college nicknames, one must kiss a lot of frogs to get a prince. But there are a few princes. For major universities, one would be hard pressed to beat gems like The Crimson Tide (Alabama), Razorbacks (Arkansas), Billikens (St. Louis), Horned Frogs (TCU), and Tarheels (North Carolina). But as we see it, some small schools take the cake when it comes to nickname ingenuity. Can anyone top the Anteaters of the University of California-Irvine; the Hardrockers of the South Dakota School of Mines and Technology in Rapid City; the Humpback Whales of the University of Alaska-Southeast; the Judges (we are particularly partial to this one) of Brandeis University; the Poets of Whittier College; the Stormy Petrels of Oglethorpe University in Atlanta; the Zips of the University of Akron; or the Vixens (will this nickname be changed if the school goes coed?) of Sweet Briar College in Virginia? As wonderful as all these are, however, we give the best college nickname nod to the University of California-Santa Cruz. Imagine the fear in the hearts of opponents who travel there to face the imaginatively named "Banana Slugs"?
From this brief overview of school nicknames, we can see that they cover a lot of territory, from the very clever to the rather unimaginative. But one thing is fairly clear--although most are not at all controversial, some are. Even the Banana Slug was born out of controversy. For many years, a banana slug (ariolomax dolichophalus to the work of science) was only the unofficial mascot at UC-Santa Cruz. In 1981, the chancellor named the "Sea Lion" as the school’s official mascot. But some students would have none of that. Arguing that the slug represented some of the strongest elements of the campus, like flexibility and nonagressiveness, the students pushed for and funded a referendum which resulted in a landslide win for the Banana Slug over the Sea Lion. And so it became the official mascot.
Not all mascot controversies are "fought" out as simply as was the dispute over the Banana Slug. Which brings us to the University of Illinois where its nickname is the "Fighting Illini," a reference to a loose confederation of Algonquin Indian Tribes that inhabited the upper Mississippi Valley area when French explorers first journeyed there from Canada in the early seventeenth century. The university's mascot, to mirror its nickname--or to some its symbol--is "Chief Illiniwek." Chief Illiniwek is controversial. And the controversy remains unresolved today.
You can access the complete opinion here and here. Judge Evans has long been among my favorite writers on the federal appellate bench, and writing about athletics is one of his favorite things to do.
"Supreme Court: Age Not Factor in Police Custody Cases." James Vicini of Reuters provides this report.
Justice Anthony M. Kennedy delivered the opinion in Yarborough v. Alvarado, No. 02-1684, and the judgment of the U.S. Court of Appeals for the Ninth Circuit (access the Ninth Circuit's opinion here) was reversed. You can access the syllabus here; Justice Kennedy's opinion, in which the Chief Justice and Justices Sandra Day O'Connor, Antonin Scalia, and Clarence Thomas joined, here; Justice O'Connor's concurring opinion here; Justice Stephen G. Breyer's dissenting opinion, in which Justices John Paul Stevens, David H. Souter, and Ruth Bader Ginsburg joined, here; and the oral argument transcript here.
The Court's record over the past several years suggests that it is unusual for the Court to issue only one opinion on the Tuesday after Memorial Day. In 2002 the Court issued four opinions on that day, and in 2003 the Court issued five opinions. For what it's worth, this is the second year in a row that the Court decided a case on the day after Memorial Day that John Elwood argued. The Court will next issue opinions in argued cases on Monday, June 7, 2004.
Today's Order List can be accessed at this link. The Court granted review in no cases today.
U.S. Court of Appeals for the Sixth Circuit holds that a plaintiff's claim of employment discrimination based solely on his identification as a transsexual is actionable under Title VII of the Civil Rights Act of 1964: You can access today's ruling, by a unanimous three-judge panel, at this link.
"There's Something in the Water, and It May Not Be Strictly Kosher": Today's issue of The New York Times contains an article reporting that "Some rabbis now say that New York City tap water - for a century a gold standard for cleanliness - is not kosher."
On the agenda:The Supreme Court of the United States is scheduled to issue one or more opinions in argued cases and an Order List at 10 a.m. today. Stay tuned for details.
"Mother, mother and child; Lesbian couple's split gives birth to a bitter feud over custody":This article appears today in The Rocky Mountain News.
"AP Interview: Pryor settles into job of lifetime, or just months."The Associated Press offers an article that begins, "Bill Pryor is a rarity among federal judges: He's 42 and could be out of a job in a matter of months."
"Is there a humane way to put convicts to death? Supreme Court decision may mean revisiting century-old argument in North Carolina." Jack Betts had this essay yesterday in The Charlotte Observer.
"Arbitration trend fuels consumer lawsuits; Firms put binding terms in contracts":The Chicago Tribune yesterday contained an article which reported that "Compulsory arbitration was supposed to unclog the courts, but the practice has spurred a growing number of lawsuits across the country attacking arbitration as anti-consumer."
"Mayfield's luck: Only 2 weeks under false arrest."This editorial appeared yesterday in Newsday.
"RIP: Watergate Legal Giants." CBS News analyst Andrew Cohen today has this essay.
"Historical plaza bid over budget": Yesterday's issue of The Casper Star Tribune contained this article reporting on a plaza in which the City of Casper, Wyoming is planning to display "a controversial Ten Commandments monument along with five other monuments honoring documents important to the development of American law."
"GOP Looks to Limit Class-Action Suits": Jesse J. Holland of The Associated Press reports here that "After trying to curb class-action suits for years, Republicans finally have enough support to ram legislation through the Senate to limit what they call an overabundance of frivolous cases against American businesses."
"Cross in seal worth a fight? County supervisors to vote."The Los Angeles Daily News today contains an article that begins, "A threat by the American Civil Liberties Union of Southern California to sue Los Angeles County government unless it removes a cross from the official county seal is expected to generate heated debate Tuesday when the Board of Supervisors votes on whether to fight the demand." My earlier coverage of this news can be accessed here.
"The man behind all the bad decisions":St. Petersburg Times columnist Robyn E. Blumner today has an essay in which she writes, "there is perhaps no figure who has his fingerprints on more short-sighted, backward and counterproductive Bush administration policies than does White House Counsel Alberto Gonzales."
"City Hall same-sex nuptials in limbo; It's unclear if state Supreme Court will invalidate them":The San Francisco Chronicle today contains this article by Bob Egelko.
"Supreme Court to Deliver Key Decisions; Rulings are coming on Bush's actions in the war on terrorism and the words 'under God' in Pledge of Allegiance": David G. Savage has this article today in The Los Angeles Times.
"Ruling points to command responsibility": Columnist Robert Landauer, in yesterday's issue of The Oregonian, had an essay that begins, "It is urgent on this Memorial Day weekend to revisit a 1946 U.S. Supreme Court case. Its principles ought to echo through Iraqi prison cellblocks and Pentagon offices. We look back at this case to help us apply lessons from prior experience to current and future conduct." The decision in question from 1946 can be accessed at this link.
"Safe passage for judges; A temporary break in the judicial-nominee wars is highly welcome":This editorial appeared Thursday in The Omaha World-Herald.
"A.G. wants judge off of school case; Brief filed with Supreme Court says rulings have politicized funding issue":The Lawrence (Kan.) Journal-World contained this article yesterday.
"Terrorists Have No Geneva Rights: Don't blur the lines between Guantanamo and Abu Ghraib." Law Professor John Yoo has this essay online today at Opinion Journal.
"The temporary truce between President Bush and Senate Democrats over judicial nominees does not mean J. Leon Holmes, attacked because of his religious beliefs, will be confirmed as a federal district judge in Arkansas." So columnist Robert Novak writes in the final item contained in his essay published today at Townhall.com.
"Utah judge joins surveillance court":The Deseret News today contains an article that begins, "One of Utah's federal judges will be among the 11 judges serving on an intelligence surveillance court in the nation's capital. U.S. District Judge Dee Benson has been appointed by U.S. Supreme Court Chief Justice William H. Rehnquist to the Foreign Intelligence Surveillance Court, which is charged by a 1978 statute with granting or denying governmental requests to perform electronic surveillance without a warrant."
"Schwarzenegger Sees Money for State in Punitive Damages": Adam Liptak will have this article in Sunday's issue of The New York Times.
"The Big Name in Alabama's Primary Isn't on the Ballot": Sunday's issue of The New York Times will contain an article that begins, "Roy S. Moore's coattails would not seem to have much to recommend them."
Update: The Braves won 9-3. And J.D. Drew's response to the reception he regularly receives in Philadelphia -- no, they're not saying "Drewwwww" -- was to smack a 2-run homer in the third inning.
A student's constitutional tort claims arising from punishment received for performing silent fist-raising salute during recitation of the Pledge of Allegiance in public school gives rise to 118-page Eleventh Circuit ruling: You can access today's ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link. Circuit Judge Charles R. Wilson dissents in part, because in his view the student "does not have a First Amendment right to raise his clenched fist in the air during the school’s recitation of the Pledge any more than he would have a First Amendment right to raise his fist in the air during math class."
"Kansas Supreme Court to Hear ACLU Appeal of 17-Year Prison Sentence for Gay Teenager": The ACLU yesterday issued a press release that begins, "The Kansas Supreme Court has agreed to consider the American Civil Liberties Union's appeal on behalf of a gay teenager who was sentenced to 17 years in prison for consensual oral sex, the ACLU said today. Matthew Limon has already been in prison for four years and three months -- three and a half times longer than the maximum sentence he would have received if he were heterosexual."
"ACLJ Files Brief on Behalf of Members of Congress Asking Federal Court in New York to Uphold Constitutionality of National Ban on Partial-Birth Abortion":The American Center for Law and Justice yesterday issued this press release. A copy of the brief can be accessed at this link (36-page PDF file).
Dusting off the electric chair in South Carolina: In just about two hours from now, James Neil Tucker is scheduled to be executed in South Carolina's electric chair. The Associated Press reports here that "Tucker will be the first inmate in the nation to be electrocuted in more than a year and the first in South Carolina since 1996." The article also explains that "Tucker, 47, didn't actually [affirmatively] choose the electric chair. Under South Carolina law, any inmate sent to death row before June 1995 can ask to die by lethal injection. But if no decision is made, the condemned go to the chair by default." Relatedly, today's edition of The Times and Democrat of Orangeburg, South Carolina contains an editorial arguing that "Lethal injection should replace electric chairs, gas chambers, firing squads."
"Justices question role on legislator eligibility":The Reno Gazette-Journal today contains an article that begins, "The Nevada Supreme Court heard arguments Thursday on whether government employees legally can serve as state lawmakers, but justices appeared reluctant to decide the matter before it first passes through district court."
"The Pennsylvania Superior Court's Policy Of Prohibiting Citation To Unpublished Opinions May Not Be Unconstitutional, But That Policy Nevertheless Should Be Abandoned": The May 2004 installment of my monthly appellate column published in The Legal Intelligencer, which this month law.com graciously included in one of its nationwide electronic newsletters, now can be accessed free-of-charge at this link. The ruling that inspired this month's column can be accessed here.
"Carcieri nominates lawyer Robinson to Supreme Court; A General Assembly spokesman says it's possible to have a confirmation vote before the legislature adjourns in a month or so":The Providence Journal today contains an article that begins, "Governor Carcieri yesterday nominated lawyer William P. Robinson III for a Rhode Island Supreme Court vacancy, citing his appellate trial experience and 'considerable intellectual prowess.'"
Eight judges dissent, but the Ninth Circuit denies rehearing en banc in case recognizing causes of action for negligence and public nuisance against the manufacturers and distributor of guns used in the Los Angeles-area Jewish Community Center shootings nearly five years ago: You can access at this link today's order of the U.S. Court of Appeals for the Ninth Circuit denying rehearing en banc. Circuit Judge Consuelo M. Callahan wrote the principal dissent, and Circuit Judge Alex Kozinski chimed in with a few additional words.
The ruling of the original divided three-judge panel thus remains the law of the Ninth Circuit. Circuit Judge Richard A. Paez wrote that decision, in which Circuit Judge Sidney R. Thomas joined. I had this write-up concerning the three-judge panel's ruling on the day it issued back in November 2003.
"Quick Verdict A Favor To Nichols?" CBS News analyst Andrew Cohen has this essay.
But where does he stand on thespian marriage? Thanks much to the reader who emailed to note that I overlooked Al Kamen's "In the Loop" column today in The Washington Post. Therein, Kamen writes:
Special-Interest Amendment?
Typo of the year: This from Supreme Court Chief Justice William H. Rehnquist, in his book "Centennial Crisis." On Page 217, there's a discussion of the Civil Rights Cases of 1883. The high court struck down the 1875 Civil Rights Act, he wrote, "saying that the Fourteenth Amendment was directed to stage actors and not the conduct of private owners of public accommodations."
Is this what's commonly known as the infamous "Thespian Clause"? Should have read "state" actors, or state officials.
The quoted passage appears as the fourth item in Kamen's column published today.
