Practicing Law In Paradise?

Being an American lawyer in the Palau Islands (just north of New Guinea and west of Micronesia) might seem idyllic — especially to a stressed-out associate toiling away at some Big Firm in, say, New York or L.A. But its allure dims a little with the news that the job entails being beaten with a baseball bat by the “paramount Chief” of the place, who will be spending the next year in jail for doing just that, according to this.


Colleges Fight Back in Music File Sharing Cases

Boston College and the Massachusetts Institute of Technology have moved to quash subpoenas seeking the names of students suspected of Internet music piracy, saying they’re illegal because they weren’t properly filed.

The schools said the subpoenas, issued by the Recording Industry Association of America, didn’t allow for adequate time to notify the students, as mandated by the Family Education Rights and Privacy Act.

Read it here via Boston.com via the AP online.


Tucker Max In The New York Times

The Times reports here that Mr. Max’s troubles with Ms. Vermont may be shaping up to be a serious First Amendment battle over “prior restraint” of speech. When will this guy finally go away??? (I discussed Mr. Max and his infamous capers earlier here.)


Iraqi Lawmakers Back Bill on U.S. Withdrawal

By Joshua Partlow
Washington Post Foreign Service
Friday, May 11, 2007; Page A12

BAGHDAD, May 10 — A majority of members of Iraq’s parliament have signed a draft bill that would require a timetable for the withdrawal of U.S. soldiers from Iraq and freeze current troop levels. The development was a sign of a growing division between Iraq’s legislators and prime minister that mirrors the widening gulf between the Bush administration and its critics in Congress.

The draft bill proposes a timeline for a gradual departure, much like what some U.S. Democratic lawmakers have demanded, and would require the Iraqi government to secure parliament’s approval before any further extensions of the U.N. mandate for foreign troops in Iraq, which expires at the end of 2007.

The neocons who put us in Iraq in the first place have been disgraced. Our own congress wants us out. Our own people want us out. And now the Iraqi “government” wants us out, too. What is it going to take to get George Bush to admit that the main thrust of his presidency has completely failed and that we need to get the hell out of Iraq, now? Will it take another Kent State?

The text in the box above is quoted from Joshua Partlow of the Washington Post.


In the Roberts Court, More Room for Argument

This is the week that the Supreme Court, done with its regular argument sessions, enters the stretch run.

While it is too soon for substantive appraisals of the first year of the Roberts court, it is not too soon for stylistic observations about what is clearly, in the view of lawyers who have appeared there this term, a different court.

“The tone has changed,” Prof. Richard J. Lazarus of the Georgetown University Law Center, where he runs the Supreme Court Institute and teaches a course on Supreme Court advocacy, said on Tuesday.

In common with every other Supreme Court specialist contacted for this article, Professor Lazarus listed several obvious changes. “They’re not stepping on each other,” he said of the justices. “They take longer before someone asks the first question. They give the lawyers more time to answer.”

Beth S. Brinkmann, like Professor Lazarus a veteran of the solicitor general’s office, who now represents private clients before the court, said of the new courtroom experience: “You sit there and think, ‘Whoa, isn’t anyone going to ask a question?'”

Details here from the New York Times.


Justice Weighs Desire v. Duty (Duty Prevails)

Justice Stevens

WASHINGTON, Aug. 24 – It is not every day that a Supreme Court justice calls his own decisions unwise. But with unusual candor, Justice John Paul Stevens did that last week in a speech in which he explored the gap that sometimes lies between a judge’s desire and duty.

Addressing a bar association meeting in Las Vegas, Justice Stevens dissected several of the recent term’s decisions, including his own majority opinions in two of the term’s most prominent cases. The outcomes were “unwise,” he said, but “in each I was convinced that the law compelled a result that I would have opposed if I were a legislator.”

In one, the eminent domain case that became the term’s most controversial decision, he said that his majority opinion that upheld the government’s “taking” of private homes for a commercial development in New London, Conn., brought about a result “entirely divorced from my judgment concerning the wisdom of the program” that was under constitutional attack. . . .

[J]ustice Stevens said he also regretted having to rule in favor of the federal government’s ability to enforce its narcotics laws and thus trump California’s medical marijuana initiative. “I have no hesitation in telling you that I agree with the policy choice made by the millions of California voters,” he said. But given the broader stakes for the power of Congress to regulate commerce, he added, “our duty to uphold the application of the federal statute was pellucidly clear.”

Don’t miss this rare and fascinating glimpse of Justice Stevens from Linda Greenhouse of the New York Times.


GOP Worries Ethics Issue May Hurt Party in ’06

From page A1 of today’s Washington Post:

Tom Delay

ZANESVILLE, Ohio — After enlarging their majority in the past two elections, House Republicans have begun to fear that public attention to members’ travel and relations with lobbyists will make a potent issue that could cost the party seats in next year’s midterm races.

In what Republican strategists call “the DeLay effect,” questions plaguing House Majority Leader (R-Tex.) are starting to hurt his fellow party members, who are facing news coverage of their own trips and use of relatives on their campaign payrolls.

It’s simple. When you sell out your own values and your constituents’ interests and become a paid whore for corporate and evangelical goals instead, you eventually pay the price. The only questions is: when is “eventually”? It looks like the Republicans are about to find out. Details here from The Washington Post.


Secret Tapes Allowed in Case Against Lawyer

Secret tape recordings made by a lawyer at the behest of federal agents can be used as evidence against indicted bankruptcy attorney Daniel J. Gates, who is accused of embezzling millions from his clients, including former Pittsburgh Steelers cornerback Rod Woodson.

U.S. District Judge Joy Flowers Conti recently ruled that all but one of the incriminating recordings made by attorney Patricia L. Blais in 2002 are admissible.

Gates, former owner of Gates & Associates, had tried to argue that Blais was his lawyer and that the tapes were illegal because they violate the attorney-client privilege.

Another one bites the dust. Details here from the Pittsburgh Post Gazette.


Woman in Wendy’s Finger Case Arrested

Anna Ayala, the Las Vegas woman who claimed to have bitten into a severed finger at a San Jose Wendy’s restaurant, was arrested Thursday night in connection with the case, San Jose police said.

San Jose police spokesman Enrique Garcia said Ayala, 39, was arrested, but he declined to provide further details.

“We’ve arrested her in connection with the Wendy’s investigation. She’s currently in custody” in Las Vegas, said Garcia late Thursday night.

Police did not say on what charges Ayala was arrested. A press conference is scheduled at the San Jose Police Department at 1 p.m. today to discuss details about the arrest, Garcia said.

I had read earlier that she had been arrested and allegedly charged with grand theft, but not that it was in connection with the Wendy’s investigation. Details here from the San Francisco Chronicle.

UPDATE: The Smoking Gun has the San Jose Police Department’s press release from Friday Apr. 22 online here. Ayala’s in serious trouble now. And it sounds like she deserves every bit of it.


Internet Quotation of the Week

“Forget about it, dude–even genocidal litigation can’t stop file sharers.”

Grokster president Wayne Rosso.

I stole this awesome quotation from Donna Wentworth of COPYfight.org, a great blog straight outta Harvard Law School. Donna has done us a great service by blogging from (something called) ILAW. Thanks, Donna!