Publicola has this post highlighting this article in the Richmond Times-Dispatch about the use by law enforcement of data from the "Smart Tags" used to electronically pay tolls (at least on the Downtown Expressway and Powhite Parkway around Richmond).
Of course, they've got cameras on those roads, too, I suspect.
The next thing will be defense lawyers in criminal cases and lawyers in civil cases trying to get discovery of that government data.
Usually when I am on the Downtown Expressway I'm not concerned so much with anyone knowing I was there as wishing I had a few more quarters.
Saturday, June 14, 2003
"Flyover Festival" in Eastern KY stimulates debate over mountaintop mining
The Louisville Courier-Journal cites a range of differing views on mountaintop mining in this article describing today's "Flyover Festival" in Southeastern Kentucky, which features small plane flights over mountaintop mining areas. The range of views includes those of some environmentalists, who apparently are opposed to all means of mining (and possibly all means of generating power).
I enjoy the mountains, but I don't understand people who say, like a man quoted in the article, that coal is "not good for the environment, it's not good for the economy, it's not good for the community and it's not good for people." People who talk like that seem to be saying life would be better if we all lived in the cold and the dark, since half or more of the power generated in the U.S. comes from coal, if I understand this data from FERC.
I enjoy the mountains, but I don't understand people who say, like a man quoted in the article, that coal is "not good for the environment, it's not good for the economy, it's not good for the community and it's not good for people." People who talk like that seem to be saying life would be better if we all lived in the cold and the dark, since half or more of the power generated in the U.S. comes from coal, if I understand this data from FERC.
History Channel examines Virginia's use of DNA database for crime solving
According to this AP report, the History Channel is working on a study of Virginia's DNA database of felons and violent criminals, including the case of Timothy Spencer, who "was the first defendant in a capital murder case in the nation to be identified, prosecuted and convicted pretty much solely on DNA," according to Paul Ferrara, head of the Virginia Division of Forensic Science.
Forest service whistleblower claims mismanagement in Southern Appalachia
The AP reports here that an archaeologist with the United States Forest Service is claiming "[i]n a whistleblower action filed Friday . . . that the agency has illegally ignored the true nature of the region's forests in an effort to justify increased logging and prescribed burning on 3 million acres in Alabama, Georgia, Tennessee, South Carolina and Virginia."
On the lack of statemanship in Virginia politics
R.H. Melton of the Washington Post describes in this item how, in the recent Republican primaries involving three Virginia senators, the incumbents "were accused, variously, of promoting sodomy, abortion, gun restrictions, higher taxes, general knavery and the destruction of the American family as we know it. And that was just the mail campaign. . . . There was a certain low comedy quality to much of the campaigning, as incumbents seemed very put out by defending their records (of all things!) and challengers hurt their own upstart causes with personal attacks that seemed designed more to deflate voter turnout than to actually rally supporters to the polls." Melton concludes, "[A]s a harbinger of the edgy politics to come -- and a nostalgic reminder of a more statesmanlike past -- the primary election season was one for the record books, and not for Republicans only."
Damn the torpedoes, act now to get the $800 million
The Virginia Department of Transportation (VDOT) is being urged to endorse a plan to build separate lanes for trucks and cars on Interstate 81, which runs 400 miles in Western Virginia from Bristol, Tennessee, to Martinsburg, West Virginia, in order to secure $800 million from the federal government, according to this report in the Richmond Times-Dispatch.
Congressman Bob Goodlatte from Roanoke is quoted as saying that "Congress needs to hear from VDOT soon because Rep. Don Young, R-Alaska, chairman of the House Transportation Committee, is willing to work to earmark money for the I-81 project, but only if it includes the separate lanes."
A spokesman for one of the companies with competing bids for the project was quoted as saying, ""The focus shouldn't be on getting money from Congress. The focus should be on doing the right thing to I-81."
Congressman Bob Goodlatte from Roanoke is quoted as saying that "Congress needs to hear from VDOT soon because Rep. Don Young, R-Alaska, chairman of the House Transportation Committee, is willing to work to earmark money for the I-81 project, but only if it includes the separate lanes."
A spokesman for one of the companies with competing bids for the project was quoted as saying, ""The focus shouldn't be on getting money from Congress. The focus should be on doing the right thing to I-81."
No dismissal in criminal case of tax assessor whose own property assessment was reduced
As reported in this story in the Richmond Times-Dispatch, Richmond Circuit Court Judge Beverly Snukals refused to dismiss the criminal charges against Richmond Assessor James R. Vinson, despite his counsel's argument that correcting tax assessments is what Vinson was supposed to do.
The article notes: "Deputy Commonwealth's Attorney Anthony G. Spencer responded Vinson still had a conflict of interest because he ordered a subordinate to lower his assessment.
Vinson bought a home in the Westover Hills West neighborhood in June 2002 for $307,500. Six months later, it was assessed at $364,200. The assessment was reduced to $320,500 after Vinson complained."
In addition, the judge decided to see the jury list before making a ruling on whether to move the trial out of Richmond. Vinson's counsel "has asked for the trial to be moved. He contended that publicity about the case and the displeasure of city residents about the recent sharp increase in assessments will make it impossible to seat an impartial jury in Richmond."
The article notes: "Deputy Commonwealth's Attorney Anthony G. Spencer responded Vinson still had a conflict of interest because he ordered a subordinate to lower his assessment.
Vinson bought a home in the Westover Hills West neighborhood in June 2002 for $307,500. Six months later, it was assessed at $364,200. The assessment was reduced to $320,500 after Vinson complained."
In addition, the judge decided to see the jury list before making a ruling on whether to move the trial out of Richmond. Vinson's counsel "has asked for the trial to be moved. He contended that publicity about the case and the displeasure of city residents about the recent sharp increase in assessments will make it impossible to seat an impartial jury in Richmond."
Nobody has a clue in the ACC-Big East dispute
In today's newspaper stories on the Big East-ACC lawsuit:
From the Pittsburgh Post-Gazette: "But what little sense I have is of the common variety, and that tells me this lawsuit against Boston College, Miami, and the Atlantic Coast Conference has little merit. And, even though it appears to be working, that still doesn't mean it has merit. . . . This lawsuit is working, primarily because the chancellors/presidents of the ACC don't have the stomach for a nasty court battle. And the Big East is certainly worth saving. But even a great end doesn't always justify the means by which it was accomplished."
From the Charlotte Observer: "Florida State's expansion position since late 2001, that it couldn't promise to stay in a nine-team ACC, was not relayed to ACC commissioner John Swofford by then-FSU president Sandy D'Alemberte, contrary to a report in Thursday's Observer. . . . According to sources, Florida State's position was conveyed by FSU athletics director Dave Hart. 'At approximately the time line suggested in The Observer story, I expressed to the commissioner the fact that I was very concerned about the possibility of the ACC being left behind if serious expansion discussions were not held,' Hart said in the e-mail. 'Our president was never involved in that discussion, and I certainly would not characterize my statement as a threat, nor do I believe it was taken as a threat by the ACC.'"
From Steve Hummer of the Atlanta Journal-Constitution: "At this stage of the ordeal, it's difficult to even choose sides between the ACC and the Big East. A monkeypox upon both their houses."
From the Raleigh News-Observer: "The current impasse must be frustrating for [ACC Commissioner John] Swofford. After all, his former school -- Carolina -- has been the most reluctant of the holdouts. It was in Chapel Hill that Swofford's reputation as an effective AD reached the point that he became a popular choice to succeed [Gene] Corrigan. Should this vote fail, Swofford might be inclined to resign within a year or so to seek another job. He would have no trouble landing one."
From the Charleston, WV, Daily Mail: "Legal counsel for the Atlantic Coast Conference announced late Friday it believes the lawsuit filed last week by five Big East schools is without merit. . . . 'No matter how many press conferences are called, press releases issued, transparent actions taken or motions filed, plaintiffs' litigation tactics will not affect the final decision by the Council of Presidents. Regardless of whether the ACC elects to expand or whether any institution elects to associate itself with the ACC, this lawsuit will have no bearing on that process or its timing.' . . . Florida State President T.I. Wetherell was quoted Friday in the Tallahassee Democrat, 'The ACC will expand by the end of next week.'"
From the Middletown, CT, Press: "What had only been whispered about behind closed doors before Friday is combining all of the football schools from the Big East with the ACC to create an East Coast superconference."
From the South Florida Sun-Sentinel: "Florida State President T.K. Wetherell said Friday that he was 'pretty positive' the Atlantic Coast Conference will vote to add new members Miami, Boston College and Syracuse. 'I believe when the final gun sounds you will see that there will be enough votes to do the [expansion],' Wetherell said speaking in Tallahassee, 'and I think it will be because the presidents and everybody want it to happen, not because some politician weighed into it.'"
From the AP, reported in the Charleston, WV, Gazette: "West Virginia Athletic Director Ed Pastilong said he does not believe the Atlantic Coast Conference presidents will approve the annexation of three Big East schools. 'I’ve said that my personal feeling was that we had a 50-50 chance' of preserving the Big East, Pastilong said Thursday. 'But I’m now thinking of moving that to 60-40.'"
From the Pittsburgh Post-Gazette: "But what little sense I have is of the common variety, and that tells me this lawsuit against Boston College, Miami, and the Atlantic Coast Conference has little merit. And, even though it appears to be working, that still doesn't mean it has merit. . . . This lawsuit is working, primarily because the chancellors/presidents of the ACC don't have the stomach for a nasty court battle. And the Big East is certainly worth saving. But even a great end doesn't always justify the means by which it was accomplished."
From the Charlotte Observer: "Florida State's expansion position since late 2001, that it couldn't promise to stay in a nine-team ACC, was not relayed to ACC commissioner John Swofford by then-FSU president Sandy D'Alemberte, contrary to a report in Thursday's Observer. . . . According to sources, Florida State's position was conveyed by FSU athletics director Dave Hart. 'At approximately the time line suggested in The Observer story, I expressed to the commissioner the fact that I was very concerned about the possibility of the ACC being left behind if serious expansion discussions were not held,' Hart said in the e-mail. 'Our president was never involved in that discussion, and I certainly would not characterize my statement as a threat, nor do I believe it was taken as a threat by the ACC.'"
From Steve Hummer of the Atlanta Journal-Constitution: "At this stage of the ordeal, it's difficult to even choose sides between the ACC and the Big East. A monkeypox upon both their houses."
From the Raleigh News-Observer: "The current impasse must be frustrating for [ACC Commissioner John] Swofford. After all, his former school -- Carolina -- has been the most reluctant of the holdouts. It was in Chapel Hill that Swofford's reputation as an effective AD reached the point that he became a popular choice to succeed [Gene] Corrigan. Should this vote fail, Swofford might be inclined to resign within a year or so to seek another job. He would have no trouble landing one."
From the Charleston, WV, Daily Mail: "Legal counsel for the Atlantic Coast Conference announced late Friday it believes the lawsuit filed last week by five Big East schools is without merit. . . . 'No matter how many press conferences are called, press releases issued, transparent actions taken or motions filed, plaintiffs' litigation tactics will not affect the final decision by the Council of Presidents. Regardless of whether the ACC elects to expand or whether any institution elects to associate itself with the ACC, this lawsuit will have no bearing on that process or its timing.' . . . Florida State President T.I. Wetherell was quoted Friday in the Tallahassee Democrat, 'The ACC will expand by the end of next week.'"
From the Middletown, CT, Press: "What had only been whispered about behind closed doors before Friday is combining all of the football schools from the Big East with the ACC to create an East Coast superconference."
From the South Florida Sun-Sentinel: "Florida State President T.K. Wetherell said Friday that he was 'pretty positive' the Atlantic Coast Conference will vote to add new members Miami, Boston College and Syracuse. 'I believe when the final gun sounds you will see that there will be enough votes to do the [expansion],' Wetherell said speaking in Tallahassee, 'and I think it will be because the presidents and everybody want it to happen, not because some politician weighed into it.'"
From the AP, reported in the Charleston, WV, Gazette: "West Virginia Athletic Director Ed Pastilong said he does not believe the Atlantic Coast Conference presidents will approve the annexation of three Big East schools. 'I’ve said that my personal feeling was that we had a 50-50 chance' of preserving the Big East, Pastilong said Thursday. 'But I’m now thinking of moving that to 60-40.'"
Best baseball and banking (and barbecue) story
Throwing Things has a great post on the appointment of former Philadelphia Phillies centerfielder Garry Maddox to the board of directors of the Federal Reserve in Philadelphia, with a link to this Bloomberg news story.
Oddly enough, Garry Maddox is also a sponsor of (and contestant in) barbecue contests in Philadelphia, as shown on the Food Channel, including this one coming up later in June.
(I must confess that most of the MLB games I've seen were in Veterans' Stadium, with Maddox in the OF, in the years 1977-1983. He was smooth in the field - long legs, huge strides, all of it needed when Luzinski was in left.)
Oddly enough, Garry Maddox is also a sponsor of (and contestant in) barbecue contests in Philadelphia, as shown on the Food Channel, including this one coming up later in June.
(I must confess that most of the MLB games I've seen were in Veterans' Stadium, with Maddox in the OF, in the years 1977-1983. He was smooth in the field - long legs, huge strides, all of it needed when Luzinski was in left.)
Friday, June 13, 2003
Waiting to ship Java when the Fourth Circuit rules
This article says PC manufacturers are waiting for an expedited ruling from the Fourth Circuit in the Microsoft-Sun case, expecting to start shipping machines with Java-enabled software once the Court rules.
Former ABA president D'Alemberte sucked into the vortex of blarney surrounding ACC-Big East dispute
Former American Bar Association president and Florida State University president emeritus Talbot "Sandy" D'Alemberte denies that he ever threatened to have Florida State pull out of the Atlantic Coast Conference if there was no expansion, as reported here and in this article, which says "[r]eading the story was nearly enough to unravel D'Alemberte's bow tie as he ate breakfast." D'Alemberte's alleged threats, which he denies, have been cited as one basis for the desire of the ACC to expand to include Miami and other Big East schools.
Elders of Scott County, unite?
I might have guessed that the people were mainly Republicans over in Scott County, home place of Attorney General Kilgore, Delegate Kilgore, and soon-to-be Judge Kilgore, but this item from the Roanoke paper (via Opinion Journal's Best of the Web) suggests a diversity of views, calling for the formation of "a platoon of elders to help protect our homeland" from President Bush, headquartered in Dungannon, which is a ways off the four-lane there in Scott County. I know a few "seniors" over in Gate City, I'll have to start asking them whether they have joined the platoon.
Bobos in Appalachia
I enjoyed greatly the David Brooks book, Bobos in Paradise, and this article spotted by Instapundit. The concept is a dead-on characterization of many people I know, lawyers in particular - but not those from right around here. There are no Bobos in far Southwest Virginia, just a few wannabes. We have no Pottery Barn and the nearest Barnes & Noble with a Starbucks is in Johnson City. Everyone gets their appliances at Sears. Sure, we get a few L.L. Bean catalogs, but it's hard to be a Bobo via mail order.
Remembrance of things past
Articles like this excellent Washington Post story about the dealmakers of AOL make me recall a bumper sticker I saw posted on the wall of an office in West Virginia, which said:
"Dear God, let there be another coal boom, I swear I won't piss it all away this time."
"Dear God, let there be another coal boom, I swear I won't piss it all away this time."
On the need for mediocre judges
Legal Theory Blog has this post evaluating the arguments for against judges with "mediocre" intellects.
The discussion reminds me of a story I once heard told from the pulpit at Holy Trinity Church, in Georgetown (the church where I was married). The homilist was some fellow from the Church of England, with a syrupy British accent and bone-dry sense of humor. (They had many interesting guest speakers.) He related the story of a young priest assigned to a class of teenagers, who made the mistake one day of opening the floor for questions, and the first question was this: "why are the clergy so mediocre?" He thought a moment, and answered, "because we have only the laity to pick from."
It seems almost miraculous to me that judges are not more mediocre, given the role of politics, the financial sacrifices, the soul-baring required for confirmation, and yet, as Judge Posner wrote in the second edition of this book, "I may be living in the golden age of the federal appellate judiciary. There may never have been a time when so large a fraction of federal judges were outstanding." (And if you don't believe that, read How Appealing every day for a while.)
The discussion reminds me of a story I once heard told from the pulpit at Holy Trinity Church, in Georgetown (the church where I was married). The homilist was some fellow from the Church of England, with a syrupy British accent and bone-dry sense of humor. (They had many interesting guest speakers.) He related the story of a young priest assigned to a class of teenagers, who made the mistake one day of opening the floor for questions, and the first question was this: "why are the clergy so mediocre?" He thought a moment, and answered, "because we have only the laity to pick from."
It seems almost miraculous to me that judges are not more mediocre, given the role of politics, the financial sacrifices, the soul-baring required for confirmation, and yet, as Judge Posner wrote in the second edition of this book, "I may be living in the golden age of the federal appellate judiciary. There may never have been a time when so large a fraction of federal judges were outstanding." (And if you don't believe that, read How Appealing every day for a while.)
Prosecutors accused of preferring jury trials to bench trials before retired judge
The following is from this article in the Danville paper:
"Pittsylvania County Commonwealth’s Attorney David Grimes is refusing to comment on a “show cause” ruling issued June 6 against him and assistant prosecutor Bryan Haskins.
Pittsylvania County Circuit Court Judge Charles Strauss has ordered Grimes and Haskins to explain why they should not be found in contempt of court for requesting jury trials in several criminal cases.
The order contends the prosecutors asked for the jury trials on May 23, the day the cases were scheduled for bench trials by Circuit Court Judge B.A. Davis III.
In addition, the show cause order states, in part, prosecutors knew “the request, if granted, would unduly delay the trial or otherwise impede justice and was untimely for the sole stated purpose of avoiding bench trials by the Honorable B.A. Davis III.”
Grimes and Haskins also are being asked to explain why they released witnesses from subpoenas issued by the court for attendance on May 23 “without authorization or the consent of the circuit court.”
Grimes has declined to comment on whether prosecutors were trying to avoid having trials heard by Davis, a retired judge who occasionally sits on the bench."
There's something odd about all that, and part of it is that the prosecutors would let some kind of feud develop between themselves and the judge, any judge. If I make one judge mad, that's bad, even though I might not see him again for another few months, but prosecutors see the same judges every month, if not every day.
"Pittsylvania County Commonwealth’s Attorney David Grimes is refusing to comment on a “show cause” ruling issued June 6 against him and assistant prosecutor Bryan Haskins.
Pittsylvania County Circuit Court Judge Charles Strauss has ordered Grimes and Haskins to explain why they should not be found in contempt of court for requesting jury trials in several criminal cases.
The order contends the prosecutors asked for the jury trials on May 23, the day the cases were scheduled for bench trials by Circuit Court Judge B.A. Davis III.
In addition, the show cause order states, in part, prosecutors knew “the request, if granted, would unduly delay the trial or otherwise impede justice and was untimely for the sole stated purpose of avoiding bench trials by the Honorable B.A. Davis III.”
Grimes and Haskins also are being asked to explain why they released witnesses from subpoenas issued by the court for attendance on May 23 “without authorization or the consent of the circuit court.”
Grimes has declined to comment on whether prosecutors were trying to avoid having trials heard by Davis, a retired judge who occasionally sits on the bench."
There's something odd about all that, and part of it is that the prosecutors would let some kind of feud develop between themselves and the judge, any judge. If I make one judge mad, that's bad, even though I might not see him again for another few months, but prosecutors see the same judges every month, if not every day.
Charlottesville sportswriter blasts hypocrisy of everyone in the whole ACC-Big East mess
Jerry Radcliffe of the Daily Progress says "[t]here is so much bullspit being spread from Virginia political circles that the whole involvement of our elected leaders and Virginia Tech president Charles Steger reeks of hypocrisy" (can you say that in the newspaper?) and that notwithstanding Steger's public declaration that "“If an offer [to join the ACC] came today, we would not accept it,” to the contrary, if such an offer came, "He’d break his ankles trying to get to Greensboro as fast as his legs would carry him." Ratcliffe concludes that "What the ACC should do is laugh in the face of the lawsuit and the silly suggestion that all the presidents from both conferences should sit down face-to-face and hash things out, then show some solidarity and vote 9-0 to expand, give out the invitations, bring the Hurricanes, the Golden Eagles and the Orangemen aboard and live happily ever after."
Jerry was there when I played at being a sportswriter for the "other" student newspaper (now defunct) in the mid-1980s, but I never knew him to get so excited. On the other hand, if George Welsh was still there, he would be throwing his hat on the ground pretty much every few hours as this up-and-down story continues.
Jerry was there when I played at being a sportswriter for the "other" student newspaper (now defunct) in the mid-1980s, but I never knew him to get so excited. On the other hand, if George Welsh was still there, he would be throwing his hat on the ground pretty much every few hours as this up-and-down story continues.
Virginia joins in asking Supreme Court to hear Pledge of Allegiance case
As reported here in the Kingsport Times, Virginia's Attorney General Jerry Kilgore has joined with the attorneys general of every other state in supporting the certiorari petition to have the Ninth Circuit's ruling on the Pledge of Allegiance overturned. The article notes that there is also Virginia case involving the Pledge now pending before the Fourth Circuit.
Judge Greer confirmed to E.D. Tenn. bench
Albemarle County attorney OKs school policy for students prohibiting harassment based on sexual orientation
As reported here in the Daily Progress, via Virginia Lawyers Weekly, the county attorney in Albemarle County (which surrounds Charlottesville) has concluded that the school board's policy prohibiting student-on-student harassment based on sexual orientation is lawful, notwithstanding Virginia AG Kilgore's opinion that a similar policy applicable to both students and employees was beyond a county's power. I'd say the county attorney is probably correct - or at least there are some cases out there that suggest that failure to protect students from harassment based on sexual orientation can be a denial of equal protection. See Flores v. Morgan Hill Unified School Dist., 324 F.3d 1130 (9th Cir. 2003).
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