Surviving the plunging numbers

The stock market? No, the .500 or less records at Michigan, Tennessee, Notre Dame, Arkansas, Auburn, UCLA, and Texas A & M, with LSU, Clemson, and West Virginia not much better - doesn't that sound like a list of the usual suspects from about 1950 to 2000? Has there been a "realignment" in college football, in the language of political theorists?

On being a criminal defense lawyer at age 88

The Atlanta paper has this fun article on an experienced lawyer in Georgia.

Should the Bar disciplinary hearing docket be online?

This article in the Daily Press says that Bar counsel want a reversal of the Supreme Court's decision that the docket of upcoming hearings on disciplinary charges against Virginia lawyers should be accessible online to the public.

Funky Boucher-Wampler campaign of 1982 video clip

You can see Congressman Boucher, ex-Congressman Wampler, and some famous lawyers back when their hair was much different in the video clips that can be found on this page, with a report on the recount from the 1982 Ninth District Congressional campaign.

So not worth it

It says here, I think, that a judge lost his position (and his silk) because it was discovered that he lied about a traffic infraction, claiming that someone else was driving, only it turned out the someone else had died before the incident.

Paige v. Fishwick

Here, Vivian Paige answers the question, who is John Fishwick?

Worst idea for a movie ever

Last night, I went home and there was an old yellow Labrador who came out to see me and wanted in the car. The kid next door told me the dog's name is Gus and pointed out the house where Gus lives. When I saw him again later, I grabbed the line he was trailing and coaxed him back up the street. To me, he seemed kind of old and underweight and confused - but still wanting to chase those cats.

I own the book Marley and Me, but I wouldn't take money to go see the movie.

On Ms. Epps

I read the obituaries (here and here) and then some of the online words of Rozanne Epps.

I liked this quote - "She considered commas an inscrutable art form."
and especially liked this photograph.

There are a lot of people out there who were affected by Ms. Epps - even those who never heard of her before this week.

Golf rules

Check out this story about how J.P. Hayes is as honest as we like to think we are. It says he turned himself in for actually using an unapproved ball, which knocked him out of Q School, which is sort of like turning yourself into the bar examiners upon discoverying after the fact that you were not using a No. 2 pencil on the multi-state.

Every one of the regular readers should read this book

I just finished The Wettest County in the World, by Matt Bondurant. It is an excellent book, sort of historical semi-fiction, mostly about the Bondurant family who figured in the 50-day moonshine trial in the Western District of Virginia against Franklin County officials including the sheriff and the Commoonwealth's Attorney.

You have to play to win

This report on the lawsuit against the Virginia Lottery suggests that the plaintiff if he is totally successful might get a few dollars.

On musical chairs

The Williamsburg paper has this account of the upcoming judgeship maneuverings in that area. It is a shame that our old teacher Judge Zepkin was never made a circuit judge there, he should have been, and almost was.

The best and the worst

Jon Copper, profiled here, was Virginia's best man on defense these past three years - an undersized overachieving and devout family man who earned his scholarship the hard way and led the team in tackles ever since.

Without disrespecting him, you'd hope that there would be more of the same character among the players who are actually recruited to play for the Cavaliers.

Did we ever make one of these before?

On Tuesday we tried a case to the Court in the W.D. Va.

And, per usual, I did some prep on the Rule 50 motion, only come to find out, Rule 50 does not apply to bench trials.

So, I made a motion for judgment on partial findings, under Rule 52(c). I've had a few evidentiary hearings in federal court on preliminary injunctions and such, but don't remember making a motion under Rule 52(c) before - perhaps I should have done.

No - thank you

In response to this post, I received this:

"Steve - I was checking something on Google tonight and saw your post. It sure meant a lot to me. The race on saturday was my third marathon but my first in 10 years. It was very hot (77 deg) and humid - and I found myself badly dehydrated by mile 20. At mile 22 it was so bad I was unable to continue running and had to walk for a bit - but it wasn't long before another played the role of inspirer and got me going again. I got 8 cups of water down at the next stop and came back to life (a bit) and made the last three miles. The last few hundred yards were as emotional of an experience as I've had.

So it was my slowest marathon of the three, but easily the most rewarding.

I thought you might like to see the newspaper story that ran about my dad when he died, by the way. http://www.stpaulsnn.org/new_minister.php

All the best to you, and bless you for your note.

Matthew"

On what the McAuliffe campaign will be selling, and to whom?

"Terry could sell shit to the zoo."

Paul Begala, quoted here on Politico.com.

Boucher hosed because of long-held IP positions?

This piece says that rather than give Congressman Boucher the chairmanship of a sub-committee with control of intellectual property issues, on which he has taken a pro-consumer, anti-industry stance over the years, instead House leaders have dissolved the sub-committee.

The red and the blue

This article in The Nation is set against Barack Obama's June visit to Bristol, as evidence of "A New, Blue Dixie."

This article by Daniel Gilbert from today's Bristol paper points out that Bristol and the rest of Southwest Virginia mostly voted against Obama.

On growing up Beamer

"He knew everybody in the hospital and what was wrong with them."

- Barnett Beamer, talking about his brother Frank's hospitalization as a boy recovering from being burned, quoted in this article about the siblings of the football coach.

Best of the day

I've read two newspapers at the house and a few online, but this is the best item I've seen today, titled Why I will run the marathon Saturday, a son writing about his father, and it begins:

"This Saturday I will run to honor those who help another get to the finish line, whatever that finish line may be. My father, the Reverend Robert H. Steilberg, did this with his life – as the founder of a high school, a faithful comforter and provider to the homeless of Richmond, and a generous minister to any in trouble, sorrow, need, or any other adversity."

The website says that Matthew Steilberg finished on Saturday in 4:09:42.

Sounds like it would be good on salad

This BLT post describes the appearance of the word, "romanette," in oral argument before the U.S. Supreme Court.

My friend Yvonne Griffin from Charlottesville posted it on the VTLA list serv, and much comment of various kinds ensued.

Less spam, really?

Reports like this one and this one suggest that worldwide spam has been reduced when a couple of ISPs shut down their links to an outlaw hosting service.

New York paper reporting on Melungeons in November 1894?

The Melungeon Historical Society Blog has this post, with an article on a mysterious race of citizens in North Carolina, from the New York Sun, dated November 15, 1894.

Fourth Circuit news

In this post, the Fourth Circuit's opinion in Sierra Club v. Simkins Indus., Inc., 847 F.2d 1109 (4th Cir. 1988) is debated, in relation to a motion to recuse Judge Chambers from the mountaintop mining litigation, because of his past affiliation with West Virginia Highlands Conservancy.

In this article, one of many speculating about the Fourth Circuit, the ubiquitous professor from Richmond suggests that perhaps Barack Obama will nominate U.S. District Court Judge Andre Davis from Maryland to fill one of the vacancies.

Why not allow hydroelectric dams as well?

This article says that wind power has been legalized in Suffolk, where there is no wind:

"Federal government estimates of Suffolk’s potential to use wind as an energy resource are not kind to the idea. The U.S. Department of Energy rates the city as a 1 on a scale of 7 for its resource potential. In fact, most of Virginia receives the same 'poor' ranking, as wind power and speed are relatively low in all portions of the state except for the Chesapeake Bay and coastal areas."

Worth reading, from soup to nuts

This month's VBA News Journal features very useful litigation articles, such as:

Civil Conspiracy: An Analysis of Common Law and Statutory Business Conspiracy Claims Under Virginia Law, by David N. Anthony & Megan C. Rahman

Exclusionary Motions Require Exercise of Discretion: Has John Crane Run Astray? by Roger T. Creager

Federal Rule of Evidence 502: New Safeguards and New Questions Concerning Waiver of Attorney-Client Privilege and Work-Product Protection, by Jon M. Talotta

On living in Appalachia

From the Richmond paper, Frank Kilgore explains Why Living In Appalachia Beats Just About Anywhere Else.

And, Frank would have you read this piece, which begins: "Virginia has established itself as a leader in land conservation by being one of only two states nationwide that has transferable state income tax credits as incentives for landowners who are interested in protecting their land from development."

Notable opinion in detainee death case

Notwithstanding the tragic facts, Judge Conrad's opinion in Harvey v. Roanoke Sheriff's Office is worth reading, for the wide range of issues addressed.

I wondered about a few that were not addressed, like the Eleventh Amendment, and how it is that the "sheriff's office" is an entity that can be sued - perhaps those were taken up in the earlier opinions.

On raising more than the one eyebrow

There are few editorials like here and here nailing Governor Kaine's funky remark about the demise in 2008 of "Ol' Virginny."

So, Ol' Virginny elected him? Or was it done gone before then?

The intramural season begins

There are few articles out there about Democrat vs. Democrat, and conservative vs. conservative, in the struggle to define who has the power and who gets the blame.

On Al Gore and civil disobedience in Wise County

According to this propaganda from Time magazine, Al Gore has been telling people to commit criminal acts like the ones for which people arrested lately at the Virginia City plant site in Wise County.

Truth is stranger than fiction

While the outcome is still being written in the Fifth District, speaking of fiction and that part of the Commonwealth, the New Times has a review here of The Wettest County in the World, a new novel by a fellow named Bondurant, about moonshiners in Franklin County.

Who will win Virginia? How will the vote go in the Southwest Virginia counties?

I'll be chatting up some people during the day.

I remember hearing the exit polls during the afternoon, four years ago, and it was all Kerry.

Rare day

The best two stories in today's Bristol paper are this one about roller derby in Johnson City and this one about Billy Wagner.

All stories about roller derby or Billy Wagner are good, but I also like the report on the Haysi game and the Wasps' game. I must be going soft in my old age, when the sports section of the Bristol paper starts looking good.