30 Dec 2004

Paul Caron, University of Cincinnati College of Law:"The IRS has announced that donations made for the benefit of the victims of the devastating tsunami last weekend in Southeast Asia may be tax deductible:Contributions to domestic, tax-exempt, charitable organizations that provide assistance to individuals in foreign lands qualify as tax-deductible contributions [read more]

28 Dec 2004

Anna Ryzhova, Kyiv:"Ukraine has bravely overcome the third Presidential election round. Last Sunday, Dec. 26th, as many as 77% of Ukrainian voters participated in the revote choosing their President.By 10 pm Dec 27th, the Central Elections Commission ("CEC") has processed 99.9% of election protocols containing cumulative information per each election [read more]

24 Dec 2004

Ellen Podgor, Georgia State University College of Law:"AP wires report that Former Governor Rowland of Connecticut pled guilty to one count of conspiracy with the specific offense being a deprivation of honest services. The AP story notes that "[t]he plea deal ends the two-year-long investigation into corruption in the administration [read more]

23 Dec 2004

Ellen Podgor, Georgia State University College of Law:"Other bloggers, like Doug Berman's Sentencing Blog (which includes comments of Margy Love, former pardon attorney for DOJ and now in private practice), Orin Kerr writing on the Volokh Conspiracy Blog, and the Crime and Federalism Blog  have been commenting on whether President [read more]

22 Dec 2004

Douglas Berman, Moritz College of Law, Ohio State University:"According to this AP story, President George Bush granted four pardons today, which gives him a total of just 31 pardons and commutations during his first term.  As the AP story notes, this total is "far off the pace of most modern [read more]

21 Dec 2004

Mark Godsey, University of Cincinnati College of Law:"Handing a major victory to the Bush Administration, the Ninth Circuit on Monday in U.S. v. Afshari overturned a lower court decision and held Title 18 U.S. C. 2339B(a)(1) constitutional. This statute provides criminal penalties for providing "material support" to a designated terrorist [read more]

20 Dec 2004

Anna Ryzhova, Kyiv:"Today, at noon under the EST time, Ukraine will be watching the nationally televised debate between Presidential candidates Victor Yushchenko and Victor Yanukovych. The debate this time is expected to be different from the previous one. A new format will allow for one-on-one Q&A and discussions between the [read more]

18 Dec 2004

Doug Berman, Moritz College of Law, Ohio State University:"The ruling by the Kansas Supreme Court yesterday in Marsh declaring the state's death penalty procedures unconstitutional (basics here) is yet another piece of evidence suggesting that the death penalty is now dying a slow death in the US.(For more on the [read more]

17 Dec 2004

Michael Froomkin, University of Miami School of Law:"At Guantanamo, a Prison Within a Prison: Within the heavily guarded perimeters of the Defense Department's much-discussed Guantanamo Bay prison in Cuba, the CIA has maintained a detention facility for valuable al Qaeda captives that has never been mentioned in public, according to [read more]

16 Dec 2004

Michael Froomkin, University of Miami School of Law:"You know you are in trouble when the House of Lords is more protective of civil rights than the US court system: Law lords back terror detainees:Detaining foreigners without trial under emergency anti-terror legislation breaks European human rights powers, law lords ruled today.The [read more]

15 Dec 2004

Peter Henning, Wayne State University Law School:"An article in the New York Times (Dec. 15) states that Time Warner is preparing to announce a settlement in a long-running SEC and Department of Justice investigation into accounting issues at its American Online unit (AOL), including a $400 million transaction between AOL [read more]

15 Dec 2004

Dan Tokaji, Moritz College of Law, Ohio State University:"Think old-fashioned paper ballots guarantee election integrity? Think again.In a fascinating case coming out of Puerto Rico, the First Circuit Court of Appeals heard argument Monday over which ballots should be counted in the race between Anibal Acevedo Vila, who narrowly defeated [read more]

14 Dec 2004

David Wagner, Regent University School of Law:"ACLU Files Suit in Pa. Over Evolution... The state American Civil Liberties Union plans to file a federal lawsuit Tuesday against a Pennsylvania school district that is requiring students to learn about alternatives to the theory of evolution. The ACLU said its lawsuit will [read more]

14 Dec 2004

Ellen Podgor, Georgia State University College of Law:"According to today's Wall Street Journal article titled Rigas Cable Assets Run By Adelphia May Be Seized we see the government taking a first step to obtaining assets in a case. The government has asked a federal court "to enter a judgment of [read more]

13 Dec 2004

Tung Yin, University of Iowa College of Law:"Not surprisingly, the jury has recommended death for Scott Peterson, convicted of murdering his pregnant wife and unborn son: In arguing for death, prosecutors called Peterson "the worst kind of monster" and said he was undeserving of sympathy. The defense begged jurors to [read more]

13 Dec 2004

Dan Tokaji, Moritz College of Law, Ohio State University:"Today's the day that the Electoral College meets in each of the state capitals. Just hours before, some congressional Democrats and other Democratic activists asked state officials to delay the Electoral College vote in Columbus, Ohio until the recount is completed. The [read more]

13 Dec 2004

Elizabeth Malloy, University of Cincinnati College of Law:"President Bush today selected Mike Leavitt, the current EPA Chief, to be the new Secretary of Health and Human Services. In making his selection, President Bush said that Leavitt is a "fine executive" and "a man of great compassion" and he further lauded [read more]

13 Dec 2004

Douglas Berman, Moritz College of Law, Ohio State University:"I am genuinely amazed that the Supreme Court has now issued 11 opinions this term, and yet we still have not seen a ruling in Booker and Fanfan. Perhaps it really is all my fault.I have previously highlighted here and here and [read more]

13 Dec 2004

Jack Balkin, Yale Law School:"There are more hints (this from the Washington Post) that the Republicans in the Senate will try the "nuclear option" to end filibusters on judicial nominations.The Republicans hold all the levers of power and now would like to leverage that power to kick away the last [read more]

10 Dec 2004

Edward Lee, Moritz College of Law, Ohio State University:"The Supreme Court decided to hear the Grokster case, which involves the question whether p2p software distributors can be held secondarily liable for the infringing acts of some users of the software. This is a huge case in the recording industry's strategy [read more]

10 Dec 2004

Elizabeth Malloy, University of Cincinnati College of Law:"Early Thursday morning, the Ohio General Assembly passed tort reform legislation that will place caps on pain-and-suffering damages and punitive awards.  Governor Bob Taft commended the passage of the bill and will sign it. This bill is the Ohio's third attempt to pass [read more]

9 Dec 2004

Anna Ryzhova, Kyiv, Ukraine:"Yesterday, Dec. 8th, the Parliament of Ukraine adopted a number of landmark lawmaking decisions. The purpose of these decisions was to apply measures that would prevent fraud in future elections, to remove some powers from the presidency, and to appoint a new Central Election Commission.Generally, the Dec [read more]

9 Dec 2004

Ellen Podgor, Georgia State University College of Law:"While Martha Stewart remains incarcerated, the world is continuing outside the prison grounds of "camp cupcake." The latest, according to Reuters, is that Martha Stewart will star in a new TV show upon her release. It sounds from the Wall Street Journal article [read more]

7 Dec 2004

Shubha Ghosh, University at Buffalo Law School:"The Supreme Court will hear oral arguments today in the wine distributor case, Swedenborg. Here are two links to NPR coverage of the case from today and yesterday. At issue in the case is the reconciliation of the 21st Amendment which repealed Prohibition and [read more]

7 Dec 2004

Anna Ryzhova, Kyiv, Ukraine:"Three events featured on Ukraine's political landscape yesterday, all of which went someway towards resolving the political impasse brought on by the scandalous Presidential election.First, the Parliament of Ukraine agreed to hold its extraordinary meeting on Dec 7th for solving the current political crisis. Second, although Victor [read more]

7 Dec 2004

Rick Hasen, Loyola Law School Los Angeles:"The Washington Post reports here that new Democratic minority leader Harry Reid has said he could support Justice Scalia as a potential replacement for Chief Justice Rehnquist (if and when the Chief retires) because Scalia is "one smart guy." (Reid opposes Justice Thomas for [read more]

7 Dec 2004

Dan Tokaji, Moritz College of Law, Ohio State University:"Ohio Secretary of State Ken Blackwell has certified that President Bush won the state by about 119,000 votes, even as third-party candidates and independent groups continue to question the result. The New York Times has this report.On Wednesday, the Alliance for Democracy [read more]

6 Dec 2004

Judge Richard Posner, University of Chicago Law School:"The U.S. invasion of Iraq, the U.S. decision not to invade Afghanistan before the 9/11 attacks, and concern with the apparent efforts of Iran and North Korea to obtain nuclear weapons raise acutely the question when if ever a preemptive or preventive war [read more]

6 Dec 2004

Mark Godsey, University of Cincinnati College of Law:"On Monday December 6, the Supreme Court will hear an appeal from a Texas death row inmate, Thomas Miller-El, claiming Texas prosecutors improperly struck minorities from his jury.  This is the second time in 2 years the Supreme Court will hear an appeal [read more]

2 Dec 2004

Peter Henning, Wayne State University Law School:"The former New England Regional Director of the Republican National Committee, James Tobin, was charged in a four-count indictment on Wednesday, Dec. 1, with conspiracy to make harassing telephone calls to the New Hampshire Democratic headquarters on election day in 2002.  According to the [read more]

1 Dec 2004

Dan Tokaji, Moritz College of Law, Ohio State University:"There's been continuing attention devoted to the Ohio recount and contest efforts in recent days. The latest developments include the Kerry campaign's reported intent formally to join the recount litigation, and Rev. Jesse Jackson Sr.'s attempt to call attention to alleged irregularities. [read more]

1 Dec 2004

David Wagner, Regent University School of Law:"Boston Globe: U.S. Justices Won't Hear Mass. Case, i.e. an appeal from Goodridge. Well of course not. This appeal was based on the "guarantee" clause, Article IV, Section 3: "The United States shall guarantee to every State in this Union a Republican Form of [read more]

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