Monday, April 30, 2007
On the legal aftermath of the Virginia Tech shootings
This article on law.com quotes Abingdon lawyer Mary Lynn Tate, among others.
On the influence of Regent law school in the Bush administration
I missed this article from the Boston Globe about Regent law grads working for the Bush administration.
The article says in part:
"Still, [the law school's Dean] Brauch said, the recent criticism of the law school triggered by [DOJ employee Monica] Goodling's involvement in the US attorney firings has missed the mark in one respect: the quality of the lawyers now being turned out by the school, he argued, is far better than its image.
Seven years ago, 60 percent of the class of 1999 -- Goodling's class -- failed the bar exam on the first attempt. (Goodling's performance was not available, though she is admitted to the bar in Virginia.) The dismal numbers prompted the school to overhaul its curriculum and tighten admissions standards.
It has also spent more heavily to recruit better-qualified law students. This year, it will spend $2.8 million on scholarships, a million more than what it was spending four years ago.
The makeover is working. The bar exam passage rate of Regent alumni , according to the Princeton Review, rose to 67 percent last year. Brauch said it is now up to 71 percent, and that half of the students admitted in the late 1990s would not be accepted today. The school has also recently won moot-court and negotiation competitions, beating out teams from top-ranked law schools.
Adding to Regent's prominence, its course on 'Human Rights, Civil Liberties, and National Security' is co taught by one of its newest professors: [former Attorney General John] Ashcroft.
Even a prominent critic of the school's mission of integrating the Bible with public policy vouches for Regent's improvements. Barry Lynn, the head of the liberal Americans United for the Separation of Church and State, said Regent is churning out an increasingly well-trained legal army for the conservative Christian movement."
Speaking of Ms. Goodling, the ACS blog reports here on the extraordinary delegation to her by AG Gonzalez of the power to run off those U.S. attorneys.
The article says in part:
"Still, [the law school's Dean] Brauch said, the recent criticism of the law school triggered by [DOJ employee Monica] Goodling's involvement in the US attorney firings has missed the mark in one respect: the quality of the lawyers now being turned out by the school, he argued, is far better than its image.
Seven years ago, 60 percent of the class of 1999 -- Goodling's class -- failed the bar exam on the first attempt. (Goodling's performance was not available, though she is admitted to the bar in Virginia.) The dismal numbers prompted the school to overhaul its curriculum and tighten admissions standards.
It has also spent more heavily to recruit better-qualified law students. This year, it will spend $2.8 million on scholarships, a million more than what it was spending four years ago.
The makeover is working. The bar exam passage rate of Regent alumni , according to the Princeton Review, rose to 67 percent last year. Brauch said it is now up to 71 percent, and that half of the students admitted in the late 1990s would not be accepted today. The school has also recently won moot-court and negotiation competitions, beating out teams from top-ranked law schools.
Adding to Regent's prominence, its course on 'Human Rights, Civil Liberties, and National Security' is co taught by one of its newest professors: [former Attorney General John] Ashcroft.
Even a prominent critic of the school's mission of integrating the Bible with public policy vouches for Regent's improvements. Barry Lynn, the head of the liberal Americans United for the Separation of Church and State, said Regent is churning out an increasingly well-trained legal army for the conservative Christian movement."
Speaking of Ms. Goodling, the ACS blog reports here on the extraordinary delegation to her by AG Gonzalez of the power to run off those U.S. attorneys.
Today's qualified immunity opinion
In Scott v. Harris, the Supreme Court of the United States, by a vote of 8-1, concluded that a Georgia law enforcement officer was entitled to qualified immunity with respect to the section 1983 claim brought against him by a driver who was left paralyzed after the deputy ran him off the road to end a high-speed chase.
The case is interesting in part because the Court concluded that the video of the chase shows that the appeals court opinion is unsupportable, and the video is accessible on the court's website with the opinion. (Wonder what they'll do with that in the U.S. reports?)
And, there is some talk about the chicken and egg problem of qualified immunity. Justice Breyer in his concurring opinion says it should not be necessary for the courts addressing qualified immunity to always answer first the question of whether or not the defendant has violated the plaintiff's constitutional rights, before proceeding to the question of whether the plaintiff's rights were clearly established. Norm Pattis mentions this issue in this post, from his attendance earlier in April at the Georgetown University Law Center's section 1983 litigation conference, which I have attended a few times in the past. Norm said that Professor Chemerinsky had suggested that "The case of Morse v. Frederick, as yet undecided, could shed new light on qualified immunity. In this case, a student was suspended for posting a sign that read 'Bong Hits 4 Jesus' along a parade route. Chemerinsky wonders whether this case will yield a more aggressive qualified immunity standard which encourages courts to decide the immunity issues without reaching the underlying merits of the claims."
The case is interesting in part because the Court concluded that the video of the chase shows that the appeals court opinion is unsupportable, and the video is accessible on the court's website with the opinion. (Wonder what they'll do with that in the U.S. reports?)
And, there is some talk about the chicken and egg problem of qualified immunity. Justice Breyer in his concurring opinion says it should not be necessary for the courts addressing qualified immunity to always answer first the question of whether or not the defendant has violated the plaintiff's constitutional rights, before proceeding to the question of whether the plaintiff's rights were clearly established. Norm Pattis mentions this issue in this post, from his attendance earlier in April at the Georgetown University Law Center's section 1983 litigation conference, which I have attended a few times in the past. Norm said that Professor Chemerinsky had suggested that "The case of Morse v. Frederick, as yet undecided, could shed new light on qualified immunity. In this case, a student was suspended for posting a sign that read 'Bong Hits 4 Jesus' along a parade route. Chemerinsky wonders whether this case will yield a more aggressive qualified immunity standard which encourages courts to decide the immunity issues without reaching the underlying merits of the claims."
How to be a law school teacher
This article available on SSRN explains "Strategies and Techniques of Law School Teaching." One of the authors is a Harvard law grad on the faculty of the new law school in Charlotte, having taught previously at George Washington University, Tulane University, Case Western Reserve University, the University of Pittsburgh, George Mason University, Northern Illinois University, Howard University, Widener University, Cleveland State University, and the University of Bridgeport (now Quinnipiac).
In the introduction, the authors carefully note: "The advice contained in this article can be employed regardless of your ideological perspective and regardless of whether you teach from that perspective. Our approach neither advocates nor discourages the incorporation of such perspectives as feminist theory, critical race theory, or law and economics."
In the introduction, the authors carefully note: "The advice contained in this article can be employed regardless of your ideological perspective and regardless of whether you teach from that perspective. Our approach neither advocates nor discourages the incorporation of such perspectives as feminist theory, critical race theory, or law and economics."
Lawyer sanctioned for shopping
The Norfolk paper reports here on the case of the lawyer who drew a public reprimand for going on "a shopping excursion" when she had told a judge she had to be in court somewhere.
Is the Virginia law regarding viatical settlements an unconstitutional interference with interstate commmerce?
In Life Partners, Inc. v. Morrison, the Fourth Circuit in an opinion by Judge Niemeyer, joined by Judges Michael and Traxler, held "that the sale of life insurance policies by terminally ill patients directly and substantially affects the business of insurance and that the Virginia Viatical Settlements Act 'relates to' such business and was enacted 'for the purpose of regulating' such business," and therefore the federal McCarran-Ferguson Act "saves the Virginia Act from preemption of the Commerce Clause and renders it constitutional."
UPDATE: A few minutes after this was posted, somebody called me to ask me about the opinion. Do you practice in this area of the law? No, I don't. What was your interest in the case? I am always interested in the intersection of Virginia law and federal law. What else was interesting about the opinion? It is always interesting when "liberal" and "conservative" members of the Court agree on constitutional issues, of any kind.
UPDATE: A few minutes after this was posted, somebody called me to ask me about the opinion. Do you practice in this area of the law? No, I don't. What was your interest in the case? I am always interested in the intersection of Virginia law and federal law. What else was interesting about the opinion? It is always interesting when "liberal" and "conservative" members of the Court agree on constitutional issues, of any kind.
Gas company drops ad campaign with claim that coal is dirty
This report from West Virginia says that a natural gas company has decided against an ad campaign denouncing its coal competition as "filthy".
Judge call VSB on information that prosecutor has claims to have information that they acted illegally
This report from the Norfolk paper sounds like a mess.
It begins:
"In a highly unusual move, all nine Circuit Court judges have filed a complaint with the Virginia State Bar against Commonwealth's Attorney Harvey Bryant.
The judges have asked the bar to investigate whether Bryant violated State Bar ethical rules during a Republican breakfast at the Beach on Feb. 3.
. . .
According to Harvey, the judges' letter, dated Feb. 7, stated in part: 'During his speech, Mr. Bryant reportedly criticized the Virginia Beach judiciary and made the statement that he was keeping a record of all the 'illegal conduct' of Virginia Beach judges 'until I need it.''
. . .
The complaint has no merit, Bryant said Friday night.
'The judges are taking the word of some unknown person, and I have more than 15 written letters on my behalf,' he said.
The judges checked 'with no one in the party and no one who was actually there,' he said. 'I call on the person or person who told a judge or judges that I used the words ' illegal conduct' to come forward immediately.'"
It begins:
"In a highly unusual move, all nine Circuit Court judges have filed a complaint with the Virginia State Bar against Commonwealth's Attorney Harvey Bryant.
The judges have asked the bar to investigate whether Bryant violated State Bar ethical rules during a Republican breakfast at the Beach on Feb. 3.
. . .
According to Harvey, the judges' letter, dated Feb. 7, stated in part: 'During his speech, Mr. Bryant reportedly criticized the Virginia Beach judiciary and made the statement that he was keeping a record of all the 'illegal conduct' of Virginia Beach judges 'until I need it.''
. . .
The complaint has no merit, Bryant said Friday night.
'The judges are taking the word of some unknown person, and I have more than 15 written letters on my behalf,' he said.
The judges checked 'with no one in the party and no one who was actually there,' he said. 'I call on the person or person who told a judge or judges that I used the words ' illegal conduct' to come forward immediately.'"
Friday, April 27, 2007
Virginia law news stories
In this story from Staunton, Judge Wood declared a mistrial after a juror blurted out watching a police video that the interrogation looked to be coercive.
The article says: "The judge, who said he'd never seen a juror interrupt a trial in his 40 years as an attorney or judge, had choice words for Blackwell. 'He is pompous and arrogant beyond belief,' said Wood, still on the bench."
This post and this Jurist post describe a billion dollar lawsuit against spammers, filed in the E.D. Va.
From Floyd County, here is an account of a hard-fought criminal trial, which resulted in an acquittal. The Commonwealth's attorney there, Gordon Hannett, is a good man, who served with me on the SWLAS board. The trial judge from the case is also one of my favorites, Judge Grubbs, from just reading about him - he makes things happen.
The article says: "The judge, who said he'd never seen a juror interrupt a trial in his 40 years as an attorney or judge, had choice words for Blackwell. 'He is pompous and arrogant beyond belief,' said Wood, still on the bench."
This post and this Jurist post describe a billion dollar lawsuit against spammers, filed in the E.D. Va.
From Floyd County, here is an account of a hard-fought criminal trial, which resulted in an acquittal. The Commonwealth's attorney there, Gordon Hannett, is a good man, who served with me on the SWLAS board. The trial judge from the case is also one of my favorites, Judge Grubbs, from just reading about him - he makes things happen.
Thursday, April 26, 2007
Gardens, statues, and such
From the fountain in Aix-en-Provence, to the funky library in Nice, to the Nietzche Walk at Eze, to the hairpin from the Grand Prix course in Monaco, to the piazzas in Florence, the Borghese gardens and elsewhere in Rome, the theater in Taormina, monuments and creepy statues and someone's private garden in Malta, donkeys and relics and flowers in Greece.
(This really is the last one.)
(This really is the last one.)
Harbor sentiments
Here are "sail away" views, plus one "ride in on the train" view.
Now, we resume our regular programming.
Churches
From Aix-en-Provence, Marseilles, a Russian Orthodox church in Nice, Eze, Monaco, Florence, Rome, Amalfi, Taormina, Vallete, Mdina, Oia, Thira, and Athens.
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