SC Appellate Law Blog reports here that Chief Judge Wilkins is sending notice today that he is taking senior status. The post goes on to speculate on the future makeup of the Fourth Circuit. It says Judge Karen Williams will be the next chief judge. As described here, I am a fan of Judge Karen Williams.
I figure by this time in 2009, Gerald Gray, Mary Lynn Tate, and Nadine Strosser will be on the Fourth Circuit, at the rate things are going.
Thursday, November 30, 2006
Wednesday, November 29, 2006
New rule on pro hac vice counsel in Virginia
Virginia Lawyers Weekly is reporting that the Virginia Supreme Court has adopted a new rule restricting the appearance of out-of-state counsel pro hac vice in Virginia cases.
I hate these kinds of rules when I go to West Virginia or Kentucky. Here on the Virginia-Tennessee border, I have not heard that there is a problem of Tennessee-only licensed lawyers running amok on the Virginia side.
So long as there is local counsel licensed Virginia at every hearing and every deposition and on every paper, and so long as pro hac vice lawyers are subject to Virginia discipline, the rest seems like a waste to me, including the fees and paperwork.
I hate these kinds of rules when I go to West Virginia or Kentucky. Here on the Virginia-Tennessee border, I have not heard that there is a problem of Tennessee-only licensed lawyers running amok on the Virginia side.
So long as there is local counsel licensed Virginia at every hearing and every deposition and on every paper, and so long as pro hac vice lawyers are subject to Virginia discipline, the rest seems like a waste to me, including the fees and paperwork.
More on the Miller-Jenkins opinion
Michael Hardy wrote this article for the Richmond paper, which begins: "In an emotional struggle over parental rights arising from a former lesbian union, the Virginia Court of Appeals ruled yesterday that Vermont courts, not Virginia's, have exclusive jurisdiction in the custody battle. The decision, based on a narrow jurisdictional issue, is a preliminary round in the court battle that probably will reach the Virginia Supreme Court and perhaps the U.S. Supreme Court. Lawyers for the losing, biological mother yesterday vowed to appeal."
The Rutland, Vermont Herald has this report, which begins: "It didn’t take long Tuesday for news of a Virginia court’s ruling in a child custody case to travel north more than 550 miles to Janet Miller-Jenkins’ home in Fair Haven."
The New York Times has this article by Adam Liptak, who concluded: "The decision averted, at least temporarily, a collision between the civil unions for same-sex couples recognized in Vermont and the Virginia law."
Overlawyered has this post, which says in part: "Some social-conservative commentators had unwisely applauded the efforts of Liberty Counsel, a misnamed Religious Right litigation strike force, to help client Lisa Miller evade the jurisdiction of a Vermont court order ordering visitation rights to former partner Janet Jenkins."
The Rutland, Vermont Herald has this report, which begins: "It didn’t take long Tuesday for news of a Virginia court’s ruling in a child custody case to travel north more than 550 miles to Janet Miller-Jenkins’ home in Fair Haven."
The New York Times has this article by Adam Liptak, who concluded: "The decision averted, at least temporarily, a collision between the civil unions for same-sex couples recognized in Vermont and the Virginia law."
Overlawyered has this post, which says in part: "Some social-conservative commentators had unwisely applauded the efforts of Liberty Counsel, a misnamed Religious Right litigation strike force, to help client Lisa Miller evade the jurisdiction of a Vermont court order ordering visitation rights to former partner Janet Jenkins."
Tuesday, November 28, 2006
Reefer madness
From an opinion by Magistrate Judge Sargent of the W.D. Va.:
"While there are disputes in the evidence with regard to whether Williams had been advised of his Miranda rights prior to making the statement at issue and whether the statement was made in response to a question, I find that the more credible version of the events comes from Haley. I base this finding on the fact that Williams admitted that he had begun smoking marijuana from the moment he awoke that morning and continued to do so until the vehicle was pulled over."
"While there are disputes in the evidence with regard to whether Williams had been advised of his Miranda rights prior to making the statement at issue and whether the statement was made in response to a question, I find that the more credible version of the events comes from Haley. I base this finding on the fact that Williams admitted that he had begun smoking marijuana from the moment he awoke that morning and continued to do so until the vehicle was pulled over."
Virginia Court of Appeals tiptoes around DOMA in Miller-Jenkins case
In Miller-Jenkins v. Miller-Jenkins, the Virginia Court of Appeals avoided application of the federal Defense of Marriage Act.
The Court wrote:
"Simply put, DOMA allows a state to deny recognition to same-sex marriage entered into in another state. This case does not place before us the question whether Virginia recognizes the civil union entered into by the parties in Vermont. Rather, the only question before us is whether, considering the PKPA, Virginia can deny full faith and credit to the orders of the Vermont court regarding IMJ’s custody and visitation. It cannot. The law of Vermont granted the Vermont court jurisdiction to render those decisions. By filing her complaint in Vermont, Lisa invoked the jurisdiction of the Vermont court. She placed herself and the child before that court and laid before it the assertions and prayers that formed the bases of its orders. By operation of the PKPA, her choice of forum precluded the courts of this Commonwealth from entertaining countervailing assertions and prayers."
The result sought by DOMA, 28 U.S.C. 1738C, was that "in the event Hawaii (or some other State) permits same-sex couples to marry, other States will not be obligated or required, by operation of the Full Faith and Credit Clause of the United States Constitution, to recognize that marriage, or any right or claim arising from it." H.R. Rep. 104-664, 23, 1996 U.S.C.C.A.N. 2905, 2929. Arguably, perhaps, the custody rights at issue arose from Vermont's recognition of rights for same-sex civil unions. On the other hand, I suppose the Court is saying that the custody rights at issue arose from the Virginia Ms. Miller-Jenkins' decision to litigate custody in Vermont.
DOMA was passed under the authority of Congress under the second sentence of the Full Faith and Credit Clause: "The Effects Clause is an express grant of authority to Congress to enact legislation to prescribe the effect that public acts, records, and proceedings from one State shall have in sister States. To state it slightly differently, Congress is empowered to specify by statute how States are to treat laws from other States. Read together, the two sentences of Article IV, section 1 logically suggest this interpretation: While full faith and credit is the rule-that is, while States are generally obligated to treat laws of other States as they would their own-Congress retains a discretionary power to carve out such exceptions as it deems appropriate." H.R. Rep. 104-664, 25, 1996 U.S.C.C.A.N. 2905, 2930.
The attempt by the Court in Miller-Jenkins to distinguish between marriage and its "effects" is at best inadequately explained. By glossing over the conflict between DOMA and the Parental Kidnapping act, the Court avoided the monumental question of whether DOMA itself is constitutional.
Anyhow, this decision advances the issue for resolution by the U.S. Supreme Court, one of these days, since it is based on the federal Parental Kidnapping statute. The decision also highlights the irrelevance of the recently-passed marriage amendment in Virginia. The Court blows past all Virginia law provisions as fully preempted by the federal law. An amendment to the Virginia constitution would be no less preempted.
The Court wrote:
"Simply put, DOMA allows a state to deny recognition to same-sex marriage entered into in another state. This case does not place before us the question whether Virginia recognizes the civil union entered into by the parties in Vermont. Rather, the only question before us is whether, considering the PKPA, Virginia can deny full faith and credit to the orders of the Vermont court regarding IMJ’s custody and visitation. It cannot. The law of Vermont granted the Vermont court jurisdiction to render those decisions. By filing her complaint in Vermont, Lisa invoked the jurisdiction of the Vermont court. She placed herself and the child before that court and laid before it the assertions and prayers that formed the bases of its orders. By operation of the PKPA, her choice of forum precluded the courts of this Commonwealth from entertaining countervailing assertions and prayers."
The result sought by DOMA, 28 U.S.C. 1738C, was that "in the event Hawaii (or some other State) permits same-sex couples to marry, other States will not be obligated or required, by operation of the Full Faith and Credit Clause of the United States Constitution, to recognize that marriage, or any right or claim arising from it." H.R. Rep. 104-664, 23, 1996 U.S.C.C.A.N. 2905, 2929. Arguably, perhaps, the custody rights at issue arose from Vermont's recognition of rights for same-sex civil unions. On the other hand, I suppose the Court is saying that the custody rights at issue arose from the Virginia Ms. Miller-Jenkins' decision to litigate custody in Vermont.
DOMA was passed under the authority of Congress under the second sentence of the Full Faith and Credit Clause: "The Effects Clause is an express grant of authority to Congress to enact legislation to prescribe the effect that public acts, records, and proceedings from one State shall have in sister States. To state it slightly differently, Congress is empowered to specify by statute how States are to treat laws from other States. Read together, the two sentences of Article IV, section 1 logically suggest this interpretation: While full faith and credit is the rule-that is, while States are generally obligated to treat laws of other States as they would their own-Congress retains a discretionary power to carve out such exceptions as it deems appropriate." H.R. Rep. 104-664, 25, 1996 U.S.C.C.A.N. 2905, 2930.
The attempt by the Court in Miller-Jenkins to distinguish between marriage and its "effects" is at best inadequately explained. By glossing over the conflict between DOMA and the Parental Kidnapping act, the Court avoided the monumental question of whether DOMA itself is constitutional.
Anyhow, this decision advances the issue for resolution by the U.S. Supreme Court, one of these days, since it is based on the federal Parental Kidnapping statute. The decision also highlights the irrelevance of the recently-passed marriage amendment in Virginia. The Court blows past all Virginia law provisions as fully preempted by the federal law. An amendment to the Virginia constitution would be no less preempted.
Environmental court in Wise County?
Here you can find the following letter to the editor of the Roanoke Times:
Once again, Southwest Virginia is leading the way in the state for litter control and local environmental protection.
The assign-a-highway program that utilizes the endless supply of labor from probationers got its start in Buchanan County, has spread to almost all the coalfield counties and is now adopted in several other state jurisdictions, including the Eastern Shore.
Judge Joe Carico, a former prosecutor and deputy attorney general, has launched the state's first environmental court in the Wise County General District Court. He has levied hefty penalties, up to $5,000, against litterbugs and people who dump trash and waste along roadsides and into streams.
Many coalfield counties have adopted ordinances, allowing their litter wardens to bring such cases to court under Virginia statute. Enforcement that hits the pocketbook stops littering and dumping.
Only the most dedicated idiots now dump trash in our region, and they are routinely caught with hidden cameras and very dedicated litter control wardens.
It's now hard to find roadside trash in Buchanan, Tazewell and Dickenson counties, and Wise and Russell counties are gaining ground.
Carico deserves our thanks for being innovative. Hopefully, his idea will catch on in the rest of the region and state.
FRANK KILGORE
ST. PAUL
Once again, Southwest Virginia is leading the way in the state for litter control and local environmental protection.
The assign-a-highway program that utilizes the endless supply of labor from probationers got its start in Buchanan County, has spread to almost all the coalfield counties and is now adopted in several other state jurisdictions, including the Eastern Shore.
Judge Joe Carico, a former prosecutor and deputy attorney general, has launched the state's first environmental court in the Wise County General District Court. He has levied hefty penalties, up to $5,000, against litterbugs and people who dump trash and waste along roadsides and into streams.
Many coalfield counties have adopted ordinances, allowing their litter wardens to bring such cases to court under Virginia statute. Enforcement that hits the pocketbook stops littering and dumping.
Only the most dedicated idiots now dump trash in our region, and they are routinely caught with hidden cameras and very dedicated litter control wardens.
It's now hard to find roadside trash in Buchanan, Tazewell and Dickenson counties, and Wise and Russell counties are gaining ground.
Carico deserves our thanks for being innovative. Hopefully, his idea will catch on in the rest of the region and state.
FRANK KILGORE
ST. PAUL
Monday, November 27, 2006
The perils of in-state rivalry
The headline says it all: SC fan shoots, kills Clemson fan over $20 bet.
Sunday, November 26, 2006
McDavid
After I came back from this year's trip to Italy, I wrote that Florence was a bit overrun with commercialism, and we saw the David indoors and outdoors, but I never thought it would come to this, via BoingBoing.
Posner on raising the minimum wage
Judge Posner writes here:
"Increasing the federal minimum wage, currently $5.15 an hour, is a priority of the new Democratic Congress. Democratic leaders want to raise it by 40 percent, to $7.25 an hour. From an economic standpoint, even from an egalitarian standpoint, raising the minimum wage, especially by such a large amount (roughly 10 percent of the American workforce makes less than $7.25 an hour, which is double the percentage of the workforce that is paid the current minimum wage), would be a grave mistake."
I once dealt with an expert witness who in calculating future wages used some rate of wage growth based on the historic rate of increases to the minimum wage by Congress. The minimum wage? That's just some artificial number with no relation to the market, I declared. He said, well, that depends on your politics. I said, that's exactly right, it's all politics. I suppose he was correct that the wages paid for some lower-income jobs are affected by the minimum wage, but betting on Congress seemed like poor science to me.
"Increasing the federal minimum wage, currently $5.15 an hour, is a priority of the new Democratic Congress. Democratic leaders want to raise it by 40 percent, to $7.25 an hour. From an economic standpoint, even from an egalitarian standpoint, raising the minimum wage, especially by such a large amount (roughly 10 percent of the American workforce makes less than $7.25 an hour, which is double the percentage of the workforce that is paid the current minimum wage), would be a grave mistake."
I once dealt with an expert witness who in calculating future wages used some rate of wage growth based on the historic rate of increases to the minimum wage by Congress. The minimum wage? That's just some artificial number with no relation to the market, I declared. He said, well, that depends on your politics. I said, that's exactly right, it's all politics. I suppose he was correct that the wages paid for some lower-income jobs are affected by the minimum wage, but betting on Congress seemed like poor science to me.
On no federal class action in the Vioxx cases
The ruling by Judge Fallon denying certification of a nationwide class action in the Vioxx cases is here, noting that "courts have almost invariably found that common questions of fact do not predominate in pharmaceutical drug cases."
Indeed, the big products liability class actions are almost all in state court and not federal court, but not in Virginia, where there is arguably no authority for class actions, as discussed here.
Indeed, the big products liability class actions are almost all in state court and not federal court, but not in Virginia, where there is arguably no authority for class actions, as discussed here.
New W.D. Va. standing order on filing cases
I read this new order and wondered whether it is somehow related to the opinion in Cornett v. Weisenbarger by Judge Williams, dealing with a case of late payment of the filing fee (among other things).
It would seem to simplify the issue Judge Williams confronted, in addition to dealing with multiple payments of the filing fee.
The filing fee is the weakest link in electronic filing, I've had the experience myself where the credit card on file had expired, and so the clerk's office would not charge the account until someone called and gave them the new expiration date.
It would seem to simplify the issue Judge Williams confronted, in addition to dealing with multiple payments of the filing fee.
The filing fee is the weakest link in electronic filing, I've had the experience myself where the credit card on file had expired, and so the clerk's office would not charge the account until someone called and gave them the new expiration date.
Perhaps they could hold symposia in the Rotunda
Professor Althouse reports from the halls of the academe here on the "fat studies" movement. Would that be a "growing" movement, I wonder?
Friday, November 24, 2006
On O.J.
I'm sick of news stories about the man Fred Goldman supposedly refers to only as "the killer," but I must confess that over the years, I have read many books about the lawyers from the O.J. Simpson case, of which the most compelling is the later edition of the Schiller book that includes the chapters on the civil case.
While the O.J. criminal trial was going on, we had a client who was on trial for sex harassment, call him "James." He claimed to be a big O.J. fan, watched the replays of the trial every night on cable. So I told him I had an idea for his defense that he would surely appreciate - we would declare to the jury that "James" was just as innocent as O.J.!
The client vetoed this brain wave.
While the O.J. criminal trial was going on, we had a client who was on trial for sex harassment, call him "James." He claimed to be a big O.J. fan, watched the replays of the trial every night on cable. So I told him I had an idea for his defense that he would surely appreciate - we would declare to the jury that "James" was just as innocent as O.J.!
The client vetoed this brain wave.
Progress
From this ranking of law reviews, I surmise that the William & Mary Law Review has long since escaped the effect of its association with me, but perhaps retained the same as regards Dawn Figueiras.
Wednesday, November 22, 2006
Waldo takes on judicial selection
In this cvillenews.com post, Waldo Jaquith tries to figure out who will replace retiring Circuit Court Judge Peatross and how will he or she be selected. And, the commenters don't like one of the names being bandied about.
Does the mineral rights owner own the plain old rocks, too?
The Charlottesville paper had this interesting story, which says in part:
"In Tennessee, a mineral-rights owner has declared common rocks as his property and intends to harvest them although the owner of the land objects. The landowner and his neighbors are fighting the precedent in court.
The case might have implications for those parts of Virginia where mining and mineral rights have a history.
. . .
But coal mining is no longer a major force in the region north of Chattanooga, Tenn., where Ed Lewis lives. So Mr. Lewis never expected that anyone would exercise an option on the mineral rights on his property.
But the former owner retained those rights and now claims that the rocks on the property are his to be mined.
It’s not coal that he wants, but a newly fashionable form of resource wealth: building stone. Sandstone, flagstone, fieldstone have become popular for building or decorating fireplaces, walls, fences. Tennessee stone is now shipped all over the country."
"In Tennessee, a mineral-rights owner has declared common rocks as his property and intends to harvest them although the owner of the land objects. The landowner and his neighbors are fighting the precedent in court.
The case might have implications for those parts of Virginia where mining and mineral rights have a history.
. . .
But coal mining is no longer a major force in the region north of Chattanooga, Tenn., where Ed Lewis lives. So Mr. Lewis never expected that anyone would exercise an option on the mineral rights on his property.
But the former owner retained those rights and now claims that the rocks on the property are his to be mined.
It’s not coal that he wants, but a newly fashionable form of resource wealth: building stone. Sandstone, flagstone, fieldstone have become popular for building or decorating fireplaces, walls, fences. Tennessee stone is now shipped all over the country."
On Hughes v. Moore
On the front page of this week's Virginia Lawyers Weekly is an article about the decisions by Magistrate Judge Sargent and Judge Glen Williams in the Hickman case from the W.D. Va.
The article points out that the leading case in dealing with the exception to the physical injury requirement for negligence claims is Hughes v. Moore. Judge Williams' opinion attempts to harmonize Hughes and the Virginia Supreme Court's later decision in Myseros v. Sisler.
What the article does not mention is that the lawyers in Hughes v. Moore, decided back in 1973, were Glen Williams for the plaintiff and Charles Flannagan for the defense. Judge Williams (as a lawyer) convinced Lee County Circuit Court Judge Cridlin at trial to allow recovery for the plaintiff, and Judge Flannagan (as a lawyer) appealed. The plaintiff's verdict was $12,000, where the medical bills were $112.
The article points out that the leading case in dealing with the exception to the physical injury requirement for negligence claims is Hughes v. Moore. Judge Williams' opinion attempts to harmonize Hughes and the Virginia Supreme Court's later decision in Myseros v. Sisler.
What the article does not mention is that the lawyers in Hughes v. Moore, decided back in 1973, were Glen Williams for the plaintiff and Charles Flannagan for the defense. Judge Williams (as a lawyer) convinced Lee County Circuit Court Judge Cridlin at trial to allow recovery for the plaintiff, and Judge Flannagan (as a lawyer) appealed. The plaintiff's verdict was $12,000, where the medical bills were $112.
Tuesday, November 21, 2006
Right up there with Wilt Chamberlain
This USAToday profile of Dawn Staley is great.
It says in part:
By basketball standards, it has been hard for the 5-6 Dawn Staley to measure up.
She was always told she was too short, too little, too slow. But the more she was told she couldn't, the more determined she became.
"I grew up in the projects of North Philly," Staley says, "and the mentality of growing up there has helped me to maintain a certain level of aggressiveness, mental and physical toughness."
Staley, 36, is a three-time Olympic gold medalist, a five-time WNBA All-Star and made three Final Four appearances at the University of Virginia, where she was two-time NCAA player of the year.
. . .
The diminutive Philly kid is now using her basketball knowledge to make her mark in the coaching community.
After leading Temple to four NCAA Tournament berths, she was named an assistant on the 2006 USA women's world championship team. The two-time Atlantic 10 coach of the year hopes to be an assistant on the 2008 Olympic team and possibly the head coach at the 2012 Games. And there could be a WNBA head coaching position in her future.
. . .
Staley's impact on the women's game hasn't been limited to the basketball court. She has made a difference through her foundation.
Beginning next season, the WNBA's annual community award will be named the Dawn Staley Community Leadership Award.
"She is the face of women's basketball right now because of her big heart," says Cynthia Cooper, the four-time WNBA champion and currently women's basketball coach at Prairie View A&M University. "She constantly gives back to the community. I think her heart comes from her parents, her background and the trials and tribulations she had not only growing up, but excelling at basketball."
The Dawn Staley Foundation at the Hank Gathers Recreation Center in Philadelphia focuses on academics and athletics and provides middle-school children with positive influences in their lives.
Staley's background and world travels prompted her to start the foundation and are what helps her recruit and relate to players from all backgrounds.
It says in part:
By basketball standards, it has been hard for the 5-6 Dawn Staley to measure up.
She was always told she was too short, too little, too slow. But the more she was told she couldn't, the more determined she became.
"I grew up in the projects of North Philly," Staley says, "and the mentality of growing up there has helped me to maintain a certain level of aggressiveness, mental and physical toughness."
Staley, 36, is a three-time Olympic gold medalist, a five-time WNBA All-Star and made three Final Four appearances at the University of Virginia, where she was two-time NCAA player of the year.
. . .
The diminutive Philly kid is now using her basketball knowledge to make her mark in the coaching community.
After leading Temple to four NCAA Tournament berths, she was named an assistant on the 2006 USA women's world championship team. The two-time Atlantic 10 coach of the year hopes to be an assistant on the 2008 Olympic team and possibly the head coach at the 2012 Games. And there could be a WNBA head coaching position in her future.
. . .
Staley's impact on the women's game hasn't been limited to the basketball court. She has made a difference through her foundation.
Beginning next season, the WNBA's annual community award will be named the Dawn Staley Community Leadership Award.
"She is the face of women's basketball right now because of her big heart," says Cynthia Cooper, the four-time WNBA champion and currently women's basketball coach at Prairie View A&M University. "She constantly gives back to the community. I think her heart comes from her parents, her background and the trials and tribulations she had not only growing up, but excelling at basketball."
The Dawn Staley Foundation at the Hank Gathers Recreation Center in Philadelphia focuses on academics and athletics and provides middle-school children with positive influences in their lives.
Staley's background and world travels prompted her to start the foundation and are what helps her recruit and relate to players from all backgrounds.
Sunday, November 19, 2006
By the numbers
An SAT-style question - what's the next number in this sequence - 1984, 1987, 1988, 1989, 1991, 1992, 1994, 1997, 1998, 2003, ?
Hint:
Nov. 25, 2006: ?
Nov. 19, 2005: Tech, 52-14
Nov. 27, 2004: Tech, 24-10
Nov. 29, 2003: U.Va., 35-21
Nov. 30, 2002: Tech, 21-9
Nov. 17, 2001: Tech, 31-17
Nov. 25, 2000: Tech, 42-21
Oct. 2, 1999: Tech, 31-7
Nov. 28, 1998: U.Va., 36-32
Nov. 28, 1997: U.Va., 34-20
Nov. 29, 1996: Tech, 26-9
Nov. 18, 1995: Tech, 36-29
Nov. 19, 1994: U.Va., 42-23
Nov. 20, 1993: Tech, 20-17
Nov. 21, 1992: U.Va., 41-38
Nov. 23, 1991: U.Va., 38-0
Nov. 24, 1990: Tech, 38-13
Nov. 11, 1989: U.Va., 32-25
Oct. 29, 1988: U.Va., 16-10
Sep. 19, 1987: U.Va., 14-13
Oct. 25, 1986: Tech, 42-10
Oct. 19, 1985: Tech, 28-10
Sep. 29, 1984: U.Va., 26-23
Nov. 19, 1983: Tech, 48-0
Hint:
Nov. 25, 2006: ?
Nov. 19, 2005: Tech, 52-14
Nov. 27, 2004: Tech, 24-10
Nov. 29, 2003: U.Va., 35-21
Nov. 30, 2002: Tech, 21-9
Nov. 17, 2001: Tech, 31-17
Nov. 25, 2000: Tech, 42-21
Oct. 2, 1999: Tech, 31-7
Nov. 28, 1998: U.Va., 36-32
Nov. 28, 1997: U.Va., 34-20
Nov. 29, 1996: Tech, 26-9
Nov. 18, 1995: Tech, 36-29
Nov. 19, 1994: U.Va., 42-23
Nov. 20, 1993: Tech, 20-17
Nov. 21, 1992: U.Va., 41-38
Nov. 23, 1991: U.Va., 38-0
Nov. 24, 1990: Tech, 38-13
Nov. 11, 1989: U.Va., 32-25
Oct. 29, 1988: U.Va., 16-10
Sep. 19, 1987: U.Va., 14-13
Oct. 25, 1986: Tech, 42-10
Oct. 19, 1985: Tech, 28-10
Sep. 29, 1984: U.Va., 26-23
Nov. 19, 1983: Tech, 48-0
Law books I'd like to get for Christmas
In no particular order,
1. Evan Schaeffer, Deposition Checklists and Strategies
2 and 3. Pozner & Dodd, Cross-Examination: Science and Techniques, Second Edition and Herb Stern, Trying Cases to Win: Cross-Examination
4. Ruggero Aldisert, Winning on Appeal: Better Briefs & Oral Argument
5 and 6. Bryan Garner, Garner's Modern American Usage and The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts
7. Cliff Atkinson, Beyond Bullet Points: Using Microsoft PowerPoint to Create Presentations That Inform, Motivate, and Inspire
8 and 9. Antonin Scalia, A Matter of Interpretation: Federal Courts and the Law and Stephen Breyer, Active Liberty: Interpreting Our Democratic Constitution
10 and 11. Andrew Kaufman, Cardozo, and Gerald Gunther, Learned Hand: The Man and the Judge
12. Mark Steiner, An Honest Calling: The Law Practice of Abraham Lincoln
Somehow I've managed to get by without these before now.
1. Evan Schaeffer, Deposition Checklists and Strategies
2 and 3. Pozner & Dodd, Cross-Examination: Science and Techniques, Second Edition and Herb Stern, Trying Cases to Win: Cross-Examination
4. Ruggero Aldisert, Winning on Appeal: Better Briefs & Oral Argument
5 and 6. Bryan Garner, Garner's Modern American Usage and The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts
7. Cliff Atkinson, Beyond Bullet Points: Using Microsoft PowerPoint to Create Presentations That Inform, Motivate, and Inspire
8 and 9. Antonin Scalia, A Matter of Interpretation: Federal Courts and the Law and Stephen Breyer, Active Liberty: Interpreting Our Democratic Constitution
10 and 11. Andrew Kaufman, Cardozo, and Gerald Gunther, Learned Hand: The Man and the Judge
12. Mark Steiner, An Honest Calling: The Law Practice of Abraham Lincoln
Somehow I've managed to get by without these before now.
Thursday, November 16, 2006
Old dog's last road trip
We took the old dog to Midlothian for the long weekend.
I can't say that she had a good time, but in this picture she has her ears up and is ready to see what's going on in the world.
To walk outside, she uses a "rear-end leash" bought from HandicappedPets.com. To walk inside, well, she can't really walk inside any more.
Monday, November 13, 2006
Watch what you ask for
From the Winchester paper comes the following tale of the retrial of a wrongful death case, resulting in a sharply reduced verdict for the grieving widow:
Widow of motorcycle crash victim gets $1 for sorrow, nothing for economic losses
By Erica M. Bush
The Winchester Star
Winchester — The widow of a motorcycle accident victim will receive $1 for her sorrow and nothing for her economic losses, a jury decided on Thursday.
The Frederick County Circuit Court jury made its ruling in the retrial of a wrongful-death suit that had awarded $961,065 to the survivors of the crash victim.
Another jury previously found Minnick’s Auto Repair of Winchester liable for the July 25, 2004, death of 32-year-old Anthony Wright.
....
The wrongful-death lawsuit — filed by Wright’s widow, Christa — claimed that the Minnick’s tow truck driver, Bernard W. Everhart Jr., drove recklessly and backed into the road without looking for traffic, which caused Wright to crash after trying to avoid the truck.
....
On March 31, jurors in the first wrongful death trial awarded the plaintiffs — Christa and Anthony’s brother, Michael Wright — $10,534 for hospital expenses, $7,996 for funeral costs, and $942, 535 for the loss of income, services, protection, and care that had been provided by the victim.
A new trial was ordered after the jurors failed to award an amount to the plaintiffs for their sorrow.
Legally, the jurors should have awarded some amount, which could have been as low as $1.
On Thursday, the new jury awarded Christa $10,534 for hospital expenses and $7,996 for funeral expenses. She received $1 for her sorrow and nothing for her economic loss.
“They killed him and that’s it!” she said as she dropped to the floor screaming and crying in the hallway of the courthouse after the verdict was read.
Taking the stand on Thursday, Christa Wright fought back tears as she told the court she and her husband of 12 years were soulmates.
....
But James T. Bacon, the attorney for Minnick’s, argued that Anthony was separated from Christa at the time of the accident and that she should not profit from his death.
Witnesses testified that the couple were estranged at the time of the accident.
....
Bacon asked the court to award Christa $1 for her anguish and nothing for the loss of income.
He also said Christa was with a boyfriend at the time of the accident.
Christa admitted that she stayed with the man the defense described as her boyfriend after Anthony’s death, but said they were just friends.
She also admitted having an intimate relationship with Anthony’s brother, Michael, after her husband’s death.
Michael, who Plofchan called to the stand on Thursday, said his brother and Christa had mentioned going to see a divorce attorney, but had called it off.
....
In his closing arguments, Bacon asked the jurors not to award Christa the $1 million the prosecution was asking for. “The plaintiff would not have profited while her husband was alive, and she should not profit from his death,” he said.
Widow of motorcycle crash victim gets $1 for sorrow, nothing for economic losses
By Erica M. Bush
The Winchester Star
Winchester — The widow of a motorcycle accident victim will receive $1 for her sorrow and nothing for her economic losses, a jury decided on Thursday.
The Frederick County Circuit Court jury made its ruling in the retrial of a wrongful-death suit that had awarded $961,065 to the survivors of the crash victim.
Another jury previously found Minnick’s Auto Repair of Winchester liable for the July 25, 2004, death of 32-year-old Anthony Wright.
....
The wrongful-death lawsuit — filed by Wright’s widow, Christa — claimed that the Minnick’s tow truck driver, Bernard W. Everhart Jr., drove recklessly and backed into the road without looking for traffic, which caused Wright to crash after trying to avoid the truck.
....
On March 31, jurors in the first wrongful death trial awarded the plaintiffs — Christa and Anthony’s brother, Michael Wright — $10,534 for hospital expenses, $7,996 for funeral costs, and $942, 535 for the loss of income, services, protection, and care that had been provided by the victim.
A new trial was ordered after the jurors failed to award an amount to the plaintiffs for their sorrow.
Legally, the jurors should have awarded some amount, which could have been as low as $1.
On Thursday, the new jury awarded Christa $10,534 for hospital expenses and $7,996 for funeral expenses. She received $1 for her sorrow and nothing for her economic loss.
“They killed him and that’s it!” she said as she dropped to the floor screaming and crying in the hallway of the courthouse after the verdict was read.
Taking the stand on Thursday, Christa Wright fought back tears as she told the court she and her husband of 12 years were soulmates.
....
But James T. Bacon, the attorney for Minnick’s, argued that Anthony was separated from Christa at the time of the accident and that she should not profit from his death.
Witnesses testified that the couple were estranged at the time of the accident.
....
Bacon asked the court to award Christa $1 for her anguish and nothing for the loss of income.
He also said Christa was with a boyfriend at the time of the accident.
Christa admitted that she stayed with the man the defense described as her boyfriend after Anthony’s death, but said they were just friends.
She also admitted having an intimate relationship with Anthony’s brother, Michael, after her husband’s death.
Michael, who Plofchan called to the stand on Thursday, said his brother and Christa had mentioned going to see a divorce attorney, but had called it off.
....
In his closing arguments, Bacon asked the jurors not to award Christa the $1 million the prosecution was asking for. “The plaintiff would not have profited while her husband was alive, and she should not profit from his death,” he said.
Bedford judge goes fishing
Here is a story about a Virginia general district judge in a fishing contest.
Fascinating stuff
Via Blog 702, the Tenth Circuit in Sims v. Great American Life Ins. Co. takes on the interplay between the Erie doctrine and the Federal Rules of Evidence.
The gist is that Erie does not apply to matters covered by the FRE, but nevertheless state policy informs the application of the FRE.
The gist is that Erie does not apply to matters covered by the FRE, but nevertheless state policy informs the application of the FRE.
On democracy in action
Judge Posner has this interesting commentary on the 2006 election - the gist being, the system works.
Balkin has this interesting post on how it's not over yet for the conservatives - the gist being, conservatives never quite got control, but their fortunes can be somewhat retrieved in 2008.
The Richmond paper points out that changes in the Congress will mean less clout on the Hill for Virginia, although they might mean more clout for Southwest Virginia with Boucher back on the majority side.
Balkin has this interesting post on how it's not over yet for the conservatives - the gist being, conservatives never quite got control, but their fortunes can be somewhat retrieved in 2008.
The Richmond paper points out that changes in the Congress will mean less clout on the Hill for Virginia, although they might mean more clout for Southwest Virginia with Boucher back on the majority side.
Sunday, November 12, 2006
Chad packs it in
My good friend Chad Dotson is going to stop blogging, going the way of past favorites Jaded JD, Have Opinion, and Sic Semper, among others.
I've known Chad for several years and he's had his fun with the blog but I think that it has also made some history. I've learned a lot reading his blog, and met a lot of people who read it and had something to say about it.
Well done, Chad.
Here was my first Chad Dotson post, and here was more of the same.
I've known Chad for several years and he's had his fun with the blog but I think that it has also made some history. I've learned a lot reading his blog, and met a lot of people who read it and had something to say about it.
Well done, Chad.
Here was my first Chad Dotson post, and here was more of the same.
Saturday, November 11, 2006
Thursday, November 09, 2006
Should there be a U.S. District Court for Technology?
This piece from ZDNet speculates on the need for a specialized federal court to deal with technology issues.
Still voting paperless in the Commonwealth
This note says nobody knows the vote count in Virginia, because the technology is still wrong.
Bunch of clowns
The Senate Republicans responsible for the failure to get nominees confirmed to vacancies on the Fourth Circuit and elsewhere are the dumbest bunch since whoever was responsible among the Democrats for not confirming Judge Jones to the Western District of Virginia back in 1980.
Friday, November 03, 2006
On the Minors of Virginia
Here is the legislation that made my alleged ancestor Doodes Minor a citizen of Virginia, in 1673, as it says:
WHEREAS at a grand assembly holden at James Cittie the twentieth day of September, in the twenty-third year of the raigne of our Soveraigne Lord the King that now is, and in the yeare of our Lord 1671, it was enacted and ordained that any stranger desireing to make this country the place of their constant residence, might upon their petition to the grand assembly, and takeing the oaths of allegiance and supremacy be admitted to a naturalization. Whereupon John Peterson, Rowland Anderson, Michaell Vanlandigam, Minor Doodes, Doodes Minor, and Herman Kelderman, aliens, makeing humble suite as aforesaid, Bee it therefore enacted by the governour, councill and burgesses of this grand assembly and by the authority thereof, that the said John Peterson, Rowland Anderson, Michaell Vanlandigam, Minor Doodes, Doodes Minor, and Herman Kelderman, and every of them be and are by vertue hereof, and the afore recited lawe, whereon this is grounded capable of free traffique and tradeing of takeing up and purchaseing,
WHEREAS at a grand assembly holden at James Cittie the twentieth day of September, in the twenty-third year of the raigne of our Soveraigne Lord the King that now is, and in the yeare of our Lord 1671, it was enacted and ordained that any stranger desireing to make this country the place of their constant residence, might upon their petition to the grand assembly, and takeing the oaths of allegiance and supremacy be admitted to a naturalization. Whereupon John Peterson, Rowland Anderson, Michaell Vanlandigam, Minor Doodes, Doodes Minor, and Herman Kelderman, aliens, makeing humble suite as aforesaid, Bee it therefore enacted by the governour, councill and burgesses of this grand assembly and by the authority thereof, that the said John Peterson, Rowland Anderson, Michaell Vanlandigam, Minor Doodes, Doodes Minor, and Herman Kelderman, and every of them be and are by vertue hereof, and the afore recited lawe, whereon this is grounded capable of free traffique and tradeing of takeing up and purchaseing,
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