"Terri Schiavo Law Tested in State's High Court": This evening's broadcast of NPR's "All Things Considered" included this segment (Real Player required).
"Justices hear Schiavo case; The Florida Supreme Court heard arguments on whether Terri's Law, which allowed Gov. Jeb Bush to keep Terri Schiavo alive, is constitutional; Several justices expressed doubts": Wednesday's edition of The Miami Herald will contain this article.
"Historians Discover Children's Menu On Back Of U.S. Constitution":This article appears in tomorrow's issue of The Onion.
Circuit Judge Ed Carnes, who's both a very nice guy and quite a good writer, issued a thirty-page decision discussing when that court will agree to allow an interlocutory appeal by permission under 28 U.S.C. sec. 1292(b). The opinion also makes mention of a plaintiff named Stiffler, although apparently the opinion contains no mention of Stiffler's Mom.
Circuit Judge Stanley F. Birch, Jr., who within the past several months has been the author of two decisions involving somewhat controversial subjects, issued an opinion that begins, "The outcome of this appeal hinges on complicated issues of federal subject matter jurisdiction, one of which is an issue of first impression in this circuit: whether a state-law claim alleging conversion of an idea is completely preempted by § 301 of the Copyright Act." The idea in question, by the way, was "to create an Internet-based bank that would cater to the gay and lesbian community." The bank, however, presumably was agnostic concerning whether its customers used sex toys.
Finally, Circuit Judge William H. Pryor, Jr. issued an opinion that rules in favor of an illegal alien. Take that, purveyors of the filibuster!
"Court won't allow search warrants for less than four ounces of marijuana; Attorney General Renkes says he fears ruling will put an end to effective probes of pot-growing cases": The AP provides this report on a ruling that the Court of Appeals of Alaska issued last Friday.
"Deputy AG: Promoting traditional roles justifies sentence." In news from Kansas, The Associated Press reports here that "Promoting traditional sexual roles to teenagers is enough to justify a longer prison sentence for illegal sex with a minor when it involves homosexual acts, a state official told the Kansas Supreme Court on Tuesday." The article goes on to explain that "[Deputy Attorney General Jared] Maag was defending the sentence of more than 17 years in prison for Matthew R. Limon, convicted of criminal sodomy for having sex at the age of 18 with a 14-year-old boy in 2000. Had Limon's conduct involved a girl, he could have been sentenced to one year and three months in prison."
"Fight Over Woman's Life Heard in Florida Supreme Court": Reuters provides this report.
Hail to the Bobble Chief! A reader who does a mighty fine job monitoring eBay for the auction of Green Bag-issued bobblehead dolls advises that the Chief Justice William H. Rehnquist bobblehead doll is the subject of an auction that will end tomorrow morning. Right now the current bid is a mere $110. Last July, a Bobble Chief sold on eBay for $320. No share of the proceeds benefits me, and no bobblehead dolls were harmed in the filming of this blog post.
The Green Bag corrects its annotation for the Justice Sandra Day O'Connor bobblehead doll: The amended annotation, corrected to fix an error that a "How Appealing" reader pointed out here yesterday, can be viewed at this link. Thus, to answer the question posed in the title of yesterday's post pointing out the error, Justice Souter isn't chopped liver after all. By email, The Green Bag's editor in chief has graciously thanked "How Appealing" and the particular reader who noted the error for bringing the mistake to that publication's attention. No bobblehead dolls have been awarded, however.
"Court Hears Case of Brain Damaged Woman": The Associated Press provides this report from Tallahassee, Florida.
Know your Easterbrook brother: Toward the end of today's installment of his "Tuesday Morning Quarterback" column online at NFL.com, Gregg Easterbrook writes:
Indian team name sidelight: see this recent decision by the federal 7th Circuit Court of Appeals concerning the University of Illinois' use of Chief Illiniwek as a sports figure. Legally the case turns on the "Pickering/Connick test," and of course you know what that is, right? The court decision cites cool college sports nicknames such as the University of Evansville Purple Aces. It contain important statistics, including that the most common college sports nickname is Eagles (56 schools), followed by Bulldogs (40) and Wildcats (33). Golden is the most common nickname adjective, with 15 colleges being Golden Eagles, others Golden Seals or Golden Suns. What team would want to be the Yellow Suns, anyway? But the really interesting part of the decision is that its author, federal appellate judge Terry Evans, is a serious Packers fan who attends games and once tried on a cheesehead in the gift shop of the Green Bay Hall of Fame at Lambeau Field. Judge Evans, you have your priorities in order! (Here is the "authentic" cheesehead as sold by the Packers for $17.95. Accept no inauthentic cheeseheads!)
TMQ knows about Judge Evans' love for the Packers because an Official Brother of TMQ, Frank Easterbrook, is also a judge on the 7th Circuit Court of Appeals. See the How Appealing federal-courts blog for an interview in which Frank declares that, in order to maintain judicial impartiality, he roots equally for the Chicago Bears, Green Bay Packers and Indianapolis Colts, the three NFL teams under his jurisdiction. (The 7th Circuit has federal appellate jurisdiction over Illinois, Indiana and Wisconsin.) The How Appealing blog also provides a link to a Legal Affairs magazine article that inadvertently identified yours truly as a federal judge. Surely this means Sports Illustrated will inadvertently identify Frank as a football columnist!
For the record, it was a blurb on law.com that inaccurately identified Gregg Easterbrook as a judge serving on the U.S. Court of Appeals for the Sixth Circuit, when in fact the Michigan-related standstill has all but doomed his nomination to that court. And Gregg's direct link to my interview with his brother is broken, because it contains a dreaded blank space where no blank space should be. (I removed the blank space in adding the link into the quote reproduced above.) Those seeking to access my August 2004 "20 questions for the appellate judge" interview with Seventh Circuit Judge Frank H. Easterbrook can do so by clicking here.
"Judge Pickering in Meridian": WTOK-TV reports here that "During [Judge Pickering's] speech one of the obvious topics was the controversy leading up to Judge Pickering's ultimate appointment to the 5th Circuit Court of Appeals in New Orleans."
"Commandments supporter dies": The Montgomery Advertiser reports here today that "A wheelchair-bound woman who gained national attention when she was arrested while protesting the removal of Roy Moore's Ten Commandments monument died Saturday."
"FBI Shift Crimps White-Collar Crime Probes; With more agents moved to anti-terrorism duty, corporate fraud cases are routinely put on hold, prosecutors say": The Los Angeles Times contains this article today.
"Copyright breach":This editorial appears today in The Boston Globe.
"Tribunal struggles with first hearings; Several missteps raise concerns about future terror suspects' cases":This article appears today in USA Today.
"Fla. Supremes to Hear Schiavo Right-to-Die Case; Decision to pose high stakes for state law, government": law.com provides this report.
Tomorrow, Kansas' highest court will hear oral argument in another controversial case -- State v. Limon. As The Wichita Eagle reports here (third item), that case raises the question whether, in the aftermath of the U.S. Supreme Court's ruling in Lawrence v. Texas, a State may punish the offense of homosexual activity with a minor more harshly than the State punishes the offense of heterosexual activity with a minor.
"High Court Petitioned on Cable Net Access Rule; FCC Argues Decision May Stifle Innovation":This article will appear in Tuesday's issue of The Washington Post.
"Should the state make life-or-death medical decisions? The case of Terri Schiavo, which the Florida high court hears Tuesday, will help establish procedures in future cases." Warren Richey will have this article in tomorrow's issue of The Christian Science Monitor.
Unlike in the United States, where the nomination and confirmation of a Justice to the Supreme Court of the United States is often a difficult and lengthy process, while I was away on vacation last week the Prime Minister of Canada identified and placed onto the Supreme Court of Canada two brand new justices. All in less than a week's time. I hope to provide links to more news coverage of this matter later tonight.
"'Enemy combatant' case delayed for a month; Appellate court overturns order for Hamdi appearance": CNN.com provides this report.
"Federal Government Appeals Cable Broadband Ruling to Supreme Court": Reuters provides this report.
"On Appeal, Anti-Nazi Groups Topple Yahoo; Dissent would have granted jurisdiction": Jeff Chorney of law.com provides this report on a ruling that a divided three-judge Ninth Circuit panel issued last week.
"You cannot judge the wisdom of the criminal laws enacted by Congress, that is, whether or not there should or should not be a federal law designating certain activity as criminal." Last Wednesday, the U.S. Court of Appeals for the Ninth Circuit granted rehearing en banc to determine whether that passage from the model grand jury charge recommended by the Administrative Office of the United States Courts impermissibly circumscribes the subject matter of the grand jurors' inquiries and deliberations and runs counter to the history of the grand jury institution.
Based on these developments, grand jury nullification may someday be alive and well in the Ninth Circuit.
What is Justice Souter, chopped liver? A reader emails:
Regarding your recent report of the failed effort to sell the O'Connor bobblehead doll on eBay: perhaps one factor contributing to consumers' lack of interest in the doll is a dislike for false advertising. The Green Bag Web page that describes the bobblehead states that O'Connor is "the only Justice with ... state-court experience." This, of course, is inaccurate. As the Supreme Court's Web site indicates here, Justice Souter served on New Hampshire courts for twelve years, including seven years as a member of the state supreme court.
I guess this qualifies as the annotated annotated bobblehead for Justice O'Connor.
The full quote to which this reader objects is as follows:
[Justice O'Connor] has occupied a unique position on the Court in a number of ways, as the only Justice with legislative experience, with state-court experience, and, for many years, with experience as a woman.
By adding a temporal qualification on Justice O'Connor's tenure as the Court's lone female Justice, the description inaccurately suggests that Justice O'Connor's tenure as the only Justice who served as a state court judge is not similarly limited in time. As my reader observes, that suggestion is incorrect. Nor can the passage appropriately be read to say that Justice O'Connor is the only Justice who has these three attributes in combination.
"Florida High Court to Hear Right-To-Die Case": Reuters provides this report.
En banc Sixth Circuit last week issued opinions in connection with its decision that Blakely v. Washington doesn't invalidate the U.S. Sentencing Guidelines: As previously reported here and elsewhere, on August 13, 2004, the U.S. Court of Appeals for the Sixth Circuit sitting en banc issued an order decreeing that the U.S. Supreme Court's decision in Blakely did not invalidate the federal sentencing guidelines.
Last Thursday, the Sixth Circuit issued a majority and dissenting opinion providing the rationale in favor of, and opposed to, its en banc ruling. The court's complete ruling can be accessed here. Circuit Judge Jeffrey S. Sutton wrote the majority opinion, and Circuit Judge Boyce F. Martin, Jr. wrote the dissent. The court's vote was 8-5,* with one senior circuit judge participating (because he sat on the original three-judge panel, whose decision can be accessed here).
Law Professor Douglas A. Berman, who I think believes that the opposite result is more defensible, provides analysis of the ruling at his "Sentencing Law and Policy" blog in posts that you can access here, here, and here.
----------------
* This post as originally written misstated that the en banc court's vote was 9-5. The Sixth Circuit's opinion contains the following listing of how the judges voted:
SUTTON, J., delivered the opinion of the court, in which BOGGS, C. J., GUY, BATCHELDER, GILMAN, GIBBONS, ROGERS, SUTTON, and COOK, JJ., joined. MARTIN, J. (pp. 14-24), delivered a separate dissenting opinion, in which DAUGHTREY, MOORE, COLE, and CLAY, JJ., joined.
It seems (to borrow a word from Judge Selya) supererogatory for Judge Sutton to be noted as joining in his own opinion, especially when Judge Martin is not shown as joining in his own opinion. But that's why I originally miscounted the vote of the en banc court.
"Your vacation almost certainly cost some poor schmuck at least $200": A reader emails:
You realize, don't you, that your vacation almost certainly cost some poor schmuck at least $200? The O'Connor bobblehead didn't sell. I expect it would have, had it been posted on your blog earlier in the week and therefore received any attention...
Given that there have been tremendous advances in bobblehead technology over the past year, that the Justice O'Connor doll includes hot double bobblehead action, and that the doll depicts Justice O'Connor as she looked many years ago, before she was bonked on the head by a toppled wooden beam at the grand opening of Philadelphia's National Constitution Center in July 2003, I am astonished that the doll failed to sell for more than the Chief's doll, let alone for $200.
"Dissed fish: The strange attraction of snoek." The September 6, 2004 issue of The New Yorker magazine contains this letter from South Africa from Calvin Trillin, whose writings about food are not to be missed.
"Lawrence v. Texas and the military": Lyle Denniston has this post online at "SCOTUSblog" about a long-awaited ruling that the U.S. Court of Appeals for the Armed Forces issued last week in United States v. Marcum, a case in which the defendant sought to raise a constitutional challenge to the Uniform Code of Military Justice's prohibition of consensual sodomy.
"The FBI has placed an advertisement in a gun magazine in hopes of reinvigorating a three-year-old investigation into the murder of Tom Wales, a federal prosecutor in Seattle." Last Thursday's broadcast of NPR's "Morning Edition" included a segment entitled "FBI Hopes Gun Magazine Ad Will Finger Killer." The FBI's request for information can be accessed at this link.
"Court Backs Rights of Grandparents; With proof that no harm would result, visits with grandchild may be allowed over a custodial parent's objection, the state's top jurists rule": Maura Dolan had this article last Tuesday in The Los Angeles Times reporting on a ruling that the Supreme Court of California issued last Monday.
"Supreme Court won't revisit ruling on Pledge of Allegiance; 'Under God' stays -- Newdow says he will try again": Bob Egelko had this article in last Tuesday's issue of The San Francisco Chronicle. And The Washington Times reported that "Justices refuse to reopen Pledge case." In related news, earlier this month The Sacramento Bee published an article headlined "Latest ripple in Pledge of Allegiance case: A documentary."
"Feds Defend Gay Marriage Ban in Florida": The Associated Press reports here that "The U.S. government has asked a judge to dismiss a lawsuit challenging the 8-year-old federal law that bans gay marriage. Justice Department spokesman Charles Miller said it was the government's first direct legal defense of the Defense of Marriage Act, which defines marriage as the union of one man and one woman and allows states to refuse to recognize gay marriages from other states."
"Coming Soon to NY and DC: Revival of GOP's 'Obstructionism' Melodrama." Ralph G. Neas, president of People For the American Way, issued this "edit memo" this past Thursday.
"Off the Bench": Guest columnist Dahlia Lithwick has this op-ed today in The New York Times. And her op-ed from this past Thursday, entitled "No Smoking Gun," concluded with her first NYTimes correction.
In case you missed it, this past week Judge Posner was guest-blogging at "Lessig Blog." Judge Posner's first guest post can be accessed here, and as of this moment Judge Posner is up to his twenty-fifth post, which can be accessed here. So far, no cat blogging.
Will a Justice Sandra Day O'Connor bobblehead doll sell for at least $200 on eBay? We will learn the answer to that question later today, when the auction is due to end. You can learn more about the doll at this link. As I reported here on July 30, 2003, a Chief Justice William H. Rehnquist bobblehead doll ended up fetching $320 on eBay on that date. And the Chief's doll didn't even feature hot double-bobblehead action. (Of course, Justice O'Connor's robe lacks gold bars, but you could always paint them on yourself if need be.)
A wonderful vacation was had by all: A total break from blogging, and from work, is highly recommended at least once a year. Or, put another way, if you can't quit blogging for a week, then how will you ever quit blogging permanently?
Sunday, August 22, 2004
On vacation: As was the case in 2002 and 2003, this year the last week in August will once again feature a break from blogging. As in previous years, much of the week will be spent in beautiful Margate, New Jersey. Unlike in past years, however, today we will begin the week away by taking in a baseball game at Oriole Park at Camden Yards, where this afternoon the Baltimore Orioles host the Toronto Blue Jays. "How Appealing" will next be updated on Sunday, August 29, 2004. Until then, readers are invited to let me know via email of news and developments that might be worthy of mention upon my return.
Saturday, August 21, 2004
"Double jeopardy claimed in sniper case; Lawyers eye dismissal of charges in second trial for Muhammad":The Richmond Times-Dispatch contains this article today.
"Senate-seat initiative back on ballot":The Anchorage Daily News today contains an article that begins, "An initiative requiring that vacancies in Alaska's two U.S. Senate seats be filled only by election is back on the November ballot, the Alaska Supreme Court ordered Friday."
"Boehner Favored in Taped Phone Call Case": The AP provides an article that begins, "A federal judge has sided with Rep. John Boehner, R-Ohio, in his six-year-old lawsuit against Rep. James McDermott, D-Wash., over an illegally recorded phone call." The article reports on a memorandum opinion and order that the U.S. District Court for the District of Columbia issued yesterday.
"Judge Accused of Masturbating Resigns":Reuters reported here on Thursday that "An Oklahoma judge facing removal over charges that he masturbated and used a device for enhancing erections under his robes during trials said on Wednesday he would retire from the bench." Back in June 2004, in a post you can access here, I linked to the removal petition filed against the judge by Oklahoma's Attorney General.
"New evidence claimed in Bible display lawsuit; In its effort to enter the case, mission offers to post disclaimers on the monument":This article appears today in The Houston Chronicle.
"Phoenix out to ban Web porn in libraries":The Arizona Republic today contains an article that begins, "Phoenix wants to ban library patrons' access to Internet pornography, an action that could put the city at the center of a First Amendment debate."
"In one term, a legacy of respect; Even his detractors came around during retiring justice's five-year tenure":The Newark Star-Ledger today contains an article that begins, "When he was sworn in at age 40, Peter Verniero became the youngest associate justice ever to serve on the New Jersey Supreme Court. Five years later, he is about to become the youngest ever to retire from the court. Although he arrived mired in controversy over his handling of allegations of State Police racial profiling when he was attorney general, he leaves having converted the doubters who once said he was unfit for the job."
"Same-sex marriage: Was the federal constitutional issue settled years ago?" Lyle Denniston has this post online at "SCOTUSblog."
Pennsylvania's regulatory scheme for determining when live bears may be privately owned violates an individual's right to the free exercise of religion: So a unanimous three-judge panel of the U.S. Court of Appeals for the Third Circuit has held in a decision that you can access here. Circuit Judge Samuel A. Alito, Jr. is the opinion's author.
"Courtly honor for St. Pete; The senator was honored at the federal courthouse now bearing his name":The Albuquerque Tribune today contains an article that begins, "It only took 32 years, but U.S. Sen. Pete Domenici finally has a building named after him." According to the article, Justice Antonin Scalia was present for the dedication ceremony.
"Supreme stats: What if Supreme Court justices were picked based on their career numbers instead of their politics?"Legal Affairs magazine has gone and posted online the text that accompanies this illustration in the print edition of the publication.
"U.S. magistrate freezes 27 cases":The Charleston Gazette today contains an article that begins, "A federal magistrate has put on hold 27 civil cases where a convict is trying to get his or her sentence changed in light of a recent U.S. Supreme Court ruling."
"Judge limits scope of new sex-offender registry law; Law applies only to those convicted after it went into effect":This article appears today in The Tennessean.
"Appeals judges block mandate to say pledge; A federal panel called the act, which would have also required schools to contact parents of students who refused, a violation":The Philadelphia Inquirer contains this article today.
"Conviction in False Hate Crime Case; Jury finds former Claremont McKenna College professor guilty of attempted insurance fraud and filing a false police report":This article appears today in The Los Angeles Times.
"Supreme Court candidate taken off ballot after failing to show credentials":The Minneapolis Star Tribune yesterday contained an article that begins, "Patricia Jambois, a reclusive candidate for the Minnesota Supreme Court, will be removed from the November election ballot because she has failed to show she is licensed to practice law in Minnesota, Secretary of State Mary Kiffmeyer said Tuesday."
"DNA profiling of parolees upheld": Claire Cooper, legal affairs writer for The Sacramento Bee, today has this article in that newspaper.
U.S. Court of Appeals for the Third Circuit affirms federal trial court's ruling that invalidated law requiring student participation in Pledge of Allegiance or National Anthem in all public, private, and parochial schools within Pennsylvania: You can access today's ruling at this link. Congratulations to the attorney who argued the appeal for the plaintiffs, and to one of the parents of a plaintiff, both of whom are friends and former colleagues.
This appeal presents the question of whether distributors of peer-to-peer file-sharing computer networking software may be held contributorily or vicariously liable for copyright infringements by users. Under the circumstances presented by this case, we conclude that the defendants are not liable for contributory and vicarious copyright infringement and affirm the district court's partial grant of summary judgment.
You can access all of today's ruling at this link.
"State-Suspended Attorney Cannot Keep Local Office for Federal Court Practice": So reports The Legal Intelligencer today in an article that the publication's online subscribers can access here.
Typically, when the Supreme Court of Pennsylvania suspends an attorney from the practice of law, the Pennsylvania-based federal district courts before which the attorney is authorized to practice will issue a reciprocal disciplinary suspension for the same duration. Yet the federal courts sometimes impose a shorter period of discipline and are free to impose no discipline at all. (More details of how the system works are provided in this amicus brief that the U.S. Court of Appeals for the Third Circuit appointed me to file in a case that produced this ruling and this press coverage.)
When the federal suspension is shorter than the state suspension, the following conundrum arises: may a lawyer suspended from the practice of law in Pennsylvania engage in the practice of law before a Pennsylvania-based federal district court in which he remains licensed to practice without violating the state-based suspension?
On Monday of this week, the Supreme Court of Pennsylvania issued a unanimous ruling in which the court held that lawyers who remain authorized to practice law before a federal district court in Pennsylvania while suspended from the practice of law before Pennsylvania state courts are not entitled to have an office in Pennsylvania from which they engage in the practice of law.
I doubt that there are many lawyers who will be affected by this ruling, and certainly they are not an especially sympathetic constituency. Yet unless such lawyers can move their offices outside of Pennsylvania or can prevail on the federal government to establish a protected federal enclave from which they can practice law, the Supreme Court of Pennsylvania's ruling appears to have eviscerated the ability of these attorneys to benefit from their continued admission, or early readmission, to the practice of law before the federal courts.
Today's rulings of note from the U.S. Court of Appeals for the Second Circuit: The court has once again ruled in a case that challenges the legality of a Vermont campaign finance law imposing expenditure and contribution limitations on campaigns for state office. You can access at this link the majority opinion issued today, while the dissent (all 150 pages of it) is available here.
And if you rue the paucity of appellate opinions discussing to whom copyrights for choreographed dances belong, be sure not to miss this decision, which addresses "several copyright and contract issues relating primarily to dances choreographed by the late Martha Graham, widely regarded as the founder of modern dance."
"'Potential Development' in Peterson Case": The AP provides this report, which is tantalizing simply for its lack of detail.
"Mass. Judge Denies Relief to Gay Couples":The Associated Press reports here that "A state judge on Wednesday declined to halt enforcement of a 1913 state law barring out-of-state couples from marrying in Massachusetts."
BREAKING NEWS -- Sharply divided eleven-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit holds that the Fourth Amendment permits compulsory DNA profiling of certain conditionally-released federal offenders in the absence of individualized suspicion that they have committed additional crimes: Today's 6-5 ruling rejects a constitutional challenge to the federal law known as the DNA Analysis Backlog Elimination Act of 2000. You can access today's lengthy ruling, in its entirety, at this link.
Judge O'Scannlain wrote the lead opinion, which garnered the votes of only five judges. The other four joining in the lead opinion are Chief Judge Schroeder and Circuit Judges Silverman, Clifton, and Callahan.
Circuit Judge Gould, the sixth and final vote needed to constitute a majority, issued a concurring opinion the first paragraph of which explains: "I write separately because I believe that we should affirm under a 'special needs' theory rather than the totality of the circumstances theory. I further pose a caveat on the limits of what we can properly decide today."
Circuit Judge Reinhardt wrote the lead dissent, in which Circuit Judges Pregerson, Kozinski, and Wardlaw joined. Judge Kozinski also issued a separate dissent. And Judge Hawkins, who did not formally join in Judge Reinhardt's dissent, also issued a dissenting opinion.
The result that the en banc court has reached is the opposite of the result that a divided three-judge Ninth Circuit panel arrived at in a decision that issued on October 2, 2003. That three-judge panel consisted of Circuit Judges Reinhardt, O'Scannlain, and Richard A. Paez. Because Circuit Judge Paez joined Circuit Judge Reinhardt in voting to hold unconstitutional the federal DNA Analysis Backlog Elimination Act of 2000, and because Circuit Judge Paez was not randomly selected to serve on the eleven-judge en banc panel, it appears that of the twelve Ninth Circuit judges to have voted on this law's constitutionality, six view the law as constitutional and six view the law as unconstitutional. My initial coverage of the three-judge panel's ruling can be accessed here.
Eighth Circuit holds that the practice of the Little Rock School District to subject public school students to random, suspicionless searches of their persons and belongings by school officials is unconstitutional: You can access today's ruling by a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit at this link.
"Judgeship nominees: Twisting the law on interrogating detainees." Law Professor Herman Schwartz has this op-ed today in Newsday.
"Thief challenges dose of shame as punishment":This article appears today in USA Today.
"An unwelcome mat for free speech": Tony Mauro today has this op-ed in USA Today.
"Gays push national right to wed; Justice Minister urged to encourage provinces to license same-sex unions":The Toronto Globe and Mail contains this article today.
"Cocaine tied to court official's exit; The state's chief justice says trace amounts found in John Kennedy's office":This article appears today in The News & Observer of Raleigh, North Carolina. The newspaper also makes available online this related document.
"Luna feared losing job, hired lawyer, sources say; DiBiagio tells staff he lied about prosecutor's status to protect man's family": Wednesday's issue of The Baltimore Sun will contain an article that begins, "Shortly before his body was found in a Pennsylvania field, Assistant U.S. Attorney Jonathan P. Luna was worried about being fired and had asked an experienced former federal prosecutor to represent him in job-related legal matters, sources familiar with Luna and the prosecutor's office said." In related coverage, The Associated Press offers a report headlined "Friend: Slain Lawyer Distressed at Work." These reports follow a related article published today in The Washington Post under the headline "U.S. Attorney's Style, Agenda Faulted in Md."
"Rachel Lea Hunter Supreme Court Campaign Revolutionizes Internet Communication":This press release heralds the fact that a candidate running for the Supreme Court of North Carolina has a "comprehensive web site [that] has garnered tremendous reviews from web development experts from throughout the United States." You can access the web site at this link, and the candidate even has a campaign blog. In looking at the candidate's online bio, I am curious to learn why the candidate now resides in North Carolina given that she grew up in Pennsylvania and clerked for a bunch of different state court appellate judges there. Hunter is one of eight candidates for this single North Carolina Supreme Court vacancy.
"It's Just the 'internet' Now":Wired News yesterday posted an article by its Copy Chief that begins, "Effective with this sentence, Wired News will no longer capitalize the 'I' in internet. At the same time, Web becomes web and Net becomes net."
"Justice stumps with Manchin, raises eyebrows":The Associated Press reports here from West Virginia that "Judicial officers and candidates aren't supposed to stump for or against other office-seekers, but that didn't appear to stop Supreme Court Justice Warren McGraw from campaigning with Joe Manchin, the Democratic nominee for governor."
"Star of Hope may join county in Bible dispute; Demonstrators continue their vigil to support display":This article appears today in The Houston Chronicle.
"Dirty Shame: The Ninth Circuit's dangerous endorsement of shaming punishments." Dan Markel has this essay today online at The New Republic.
License plate not redacted: As I recently noted here and here, some federal judges have opted to "Choose Life" for themselves and their family members by redacting plenty of details from annual financial disclosure forms that are supposed to be publicly available. Arguably running counter to that trend, however, is the seemingly official "U.S. Judge" license plate sported by a luxury SUV in Texas. Of course, as Tony Mauro has reported, even one U.S. Supreme Court Justice has been unable to resist the lure of a potentially revealing vanity plate.
"Confusion reigns in federal, state courts; While Oregon and other states await U.S. Supreme Court clarification, prosecutors may reindict suspects, and sentences may be in limbo":This article appears today in The Oregonian.
"We conclude that the District of Columbia is a state for purposes of Younger abstention": The doctrine of Younger abstention has existed since 1971, but not until today did the U.S. Court of Appeals for the D.C. Circuit issue an opinion deciding whether the District of Columbia is a State for purposes of Younger abstention.
Access online some of the content from the September | October 2004 issue of Legal Affairs magazine: The cover of the magazine contains an image consisting of five Justice Antonin Scalias and four Justice Clarence Thomases and asks, "Is This the Court's Future?"
Accompanying those three quite interesting but rather serious essays is an item titled "Supreme Stats"; it draws on the law review article "Who Would Win a Tournament of Judges?" and includes an illustration that depicts nine potential Supreme Court nominees as a co-ed baseball team.
Hot double bobblehead doll action: As I originally mentioned here yesterday, The Green Bag has begun to ship to subscribers the Justice Sandra Day O'Connor bobblehead doll. The doll arrived at my office yesterday afternoon, and it wasn't until I got home last night that I removed it from the package. I was delighted to see -- as Tony Mauro previously alluded to here (third item) -- that the doll actually contains two bobbleheads: one belonging to Justice O'Connor, and the other belonging to the cow reclining to her left. Next in the series is the Antonin Scalia bobblehead doll, which is slated to feature waterfowl that transform from alive to mortally wounded, pumped full of lead.
"Courts split on sex clubs: l'orage founder goes to supreme court; One cabaret owner is acquitted in Quebec, while another's conviction is upheld."The Montreal Gazette today contains an article that begins, "Quebec's highest court seems to be swinging both ways when it comes to ruling on whether spouse-swapping clubs are legally tolerable."
"State probe of Ohio court candidate temporarily barred":The Cleveland Plain Dealer today contains an article that begins, "A federal judge Monday temporarily barred a state investigation of an Ohio Supreme Court candidate. That decision could affect future judicial campaigns."
"Justices uphold judgment against Rudolph":The Birmingham News today contains an article that begins, "The Alabama Supreme Court has upheld a Jefferson County judge's ruling that accused abortion clinic bomber Eric Robert Rudolph must pay $115 million to a nurse maimed in the 1998 blast."
"Why the California Supreme Court Repudiated San Francisco's Issuance of Same-Sex Marriage Licenses":FindLaw columnist Vikram David Amar has this essay today.
"Court won't rehear attempt to block assisted-suicide law; Ashcroft is expected to ask the Supreme Court to take case":This article appears today in The Statesman Journal of Salem, Oregon.
"When inmates create art, should they profit? The case of a Texas painter on death row treads the fuzzy terrain between 'murderabilia' and prisoners' rights."This article will appear in Tuesday's issue of The Christian Science Monitor.
"Ruling will allow limited rape shield evidence in Bryant case":The Vail Daily News provides an update that begins, "The Colorado Supreme Court let stand Judge Terry Ruckriegle's ruling on the rape shield law allowing limited evidence in regard to the alleged victim's sexual history in the Kobe Bryant case."
"Dahlia Lithwick smears several Bush nominees in Sunday's NY Times": So writes the author of The Committee for Justice's blog, in a post you can access here, about Dahlia's op-ed published yesterday.
"Court Refuses to Revisit Assisted Suicide":The Associated Press reports here that "A federal appeals court is refusing to reconsider its decision to uphold Oregon's assisted-suicide law, rejecting a request from the Bush administration to set aside the only law of its kind in the nation." It appears that the order denying rehearing en banc did not even draw any published dissents. By contrast, as I first reported here, the three-judge panel's ruling was accompanied by a dissent, albeit by a Senior Ninth Circuit Judge who, due to senior status, doesn't have the ability to vote in favor of rehearing en banc.
"Law Schools That Protest Too Much: Universities are kicking military recruiters off campus; What a bad way to fight 'don't ask, don't tell.'"Slate has just posted online this jurisprudence essay by Phillip Carter, author of the "Intel Dump" blog. As Phil notes in his essay, he was one of the authors of this amicus brief that I filed in February 2004 in the U.S. Court of Appeals for the Third Circuit.
"No smoking gun likely in bias suit; Both sides to rely on stats in suit against Wal-Mart": Yesterday, Alex Daniels of The Arkansas Democrat-Gazette had this article in that newspaper.
Is it unlawful to require that passengers on commercial airline flights show identification before being allowed to travel? The case of Gilmore v. Ashcroft, which is now pending on appeal before the U.S. Court of Appeals for the Ninth Circuit, presents that issue. You can view the brief for appellant, filed today, at this link. And you can learn more about the case via this link.
U.S. Court of Appeals for the Federal Circuit reverses $37 million Fifth Amendment takings award and orders entry of judgment in favor of the United States:Today's decision involves a big boat that was to be used in commercial fishing for mackerel and herring in the Exclusive Economic Zone of the United States in the Atlantic Ocean.
"Bryant Prosecutors Can't Bar Testimony": The AP reports here that "In another setback to the prosecution in the Kobe Bryant sexual assault case, the Colorado Supreme Court refused Monday to hear an appeal of a key ruling that allows the NBA star's attorneys to tell jurors about the accuser's sex life."
"Fla. Voucher Law Ruled Unconstitutional":The Associated Press reports here that "A Florida law that allows students at failing public schools to attend private schools at taxpayers' expense is unconstitutional, a state appeals court ruled Monday. The decision by the 1st District Court of Appeal upholds a ruling by a trial judge saying the state constitution forbids the use of tax money to send youngsters to religious schools." You can access today's ruling of a divided three-judge panel of Florida's First District Court of Appeal at this link.
Access online the Ninth Circuit's order allowing Wal-Mart to take an interlocutory appeal from a California federal district court's decision certifying the largest sex discrimination class action in U.S. history: You can view a copy of the order at this link. I first noted this development Friday evening in a post you can access here, and I thereafter collected additional news coverage at this link.
"Lawyer to visit Guantanamo trio; An American lawyer has been given permission to visit some of the men with UK links held in Guantanamo Bay":BBC News provides this report.
"Ginsburg joining Touro celebration; Ruth Bader Ginsburg will give the keynote address at Touro Synagogue's annual commemoration of a historic letter from President George Washington":This article appears today in The Providence Journal.
