"It's . . the bar exam!"

Here is the LA Times article on the passing of law professor and bar review lecturer extraordinaire, Charles Whitehead.

The article says in part:

"Evidence of the professor's popularity can be found in a Facebook group called 'Charlie Whitebread Rocks My World.' It has more than 1,600 members, some of whom discovered him through lectures he often gave for a popular bar-exam preparation course."

Another voice heard from

"The Virginia Supreme Court’s recent declaration that the state's anti-spam law is unconstitutional was flat-out wrong."

Ken Magill, in this commentary - which is somewhat at odds with the net neutrality principles usually espoused here.

Two more mostly negative takes on the opinion in the spam case can be found here and here.

Judge Goodwin denies class certification in DuPont case

Yesterday, in Rhodes v. DuPont, Judge Goodwin of the S.D.W.Va. denied class certification to a claim about an alleged contamination of the public water supply.

The Court observed: "The fact that a public health risk may exist is more than enough to raise concern in the community and call government agencies to action, but it does not show the common individual injuries needed to certify a class action."

Another W.D. Va. opinion on causation

In Boysaw v. Purdue Pharma, Chief Judge Jones granted summary judgment on claim against the manufacturer of OxyContin, because the plaintiff could not prove causation. The opinion cites the earlier ruling in McCauley v. Purdue Pharma L.P., 331 F. Supp. 2d 449 (W.D. Va. 2004).

They said it

"To do a decent job, the president of the United States needs to be vastly more educated and knowledgeable than the average American."

Paul Campos, here in the Rocky Mountain News.

"Our leaders are making up their responses from day to day because old ideas of how the economy works have failed them."

Robert Samuelson, on Real Clear Markets.

So, perhaps being "vastly more educated and knowledgeable" - isn't everything?

Ouch

The Bristol paper has this account of the post-trial rulings taking away the verdict in favor of Buchanan County in the Big Coon Dog case, with various philosophical quotes from me.

Not too long ago, Chief Judge Jones took away a verdict on my motion, in another case. Such is the ebb and flow of this profession.

Why Montgomery County is suing over the proposed intermodal facility at Elliston

This press release states the County's position.

The constitutional provision at issue, Art. X, section 10, provides:

"Neither the credit of the Commonwealth nor of any county, city, town, or regional government shall be directly or indirectly, under any device or pretense whatsoever, granted to or in aid of any person, association, or corporation; nor shall the Commonwealth or any such unit of government subscribe to or become interested in the stock or obligations of any company, association, or corporation for the purpose of aiding in the construction or maintenance of its work; nor shall the Commonwealth become a party to or become interested in any work of internal improvement, except public roads and public parks, or engage in carrying on any such work; nor shall the Commonwealth assume any indebtedness of any county, city, town, or regional government, nor lend its credit to the same. This section shall not be construed to prohibit the General Assembly from establishing an authority with power to insure and guarantee loans to finance industrial development and industrial expansion and from making appropriations to such authority."

They'd better watch what they ask for, as some people think that this part of the Constitution is most commonly violated by . . . cities, towns, and counties, doing economic development deals.

On that Kansas City firm

This article on the Shook Hardy firm explains the firm's origins:

"The firm traces its roots back to 1889, when Frank Payne Sebree, a Marshall, Mo., lawyer looking to build his practice in a bigger city, moved to Kansas City and set up shop in a third-floor walkup with another solo practitioner. Over the years, the firm attracted a small stable of lawyers, including name partner Edgar Shook, who joined in 1934, and name partner Charles L. Bacon, who came on board in the mid-1950s.

However, it was David R. Hardy, a skilled trial lawyer with a larger-than-life personality, who did more to change the firm’s fortunes than anyone.

Hardy made a name for himself in the late 1950s by winning a $200,000 verdict—then a state record—on behalf of a motorcycle cop who had been badly injured in a collision with a cement truck. And when the first anti-smoking suit against a tobacco company in Mis­souri went to trial in 1962, Hardy was asked by Philip Morris to lead the defense."

My good friend and college roommate Sam Sebree, and his dad and brother - two more Frank Sebrees, have worked for this firm, and so I root for it and for them.

That's one theory

This article in the Washington Post ("After Va.'s Losses In Court, a Flurry Of Finger-Pointing," by Jerry Markon, Saturday, September 20, 2008; Page B01) suggests that a string of successful constitutional challenges to recent Virginia statutes could be either a coincidence or the result of "the General Assembly's willingness to pass aggressive measures that are more likely to face a constitutional challenge."

It's hard to generalize from the three cited cases. On the spam statute, the majority of the Supreme Court was for it before they were against it. On the partial birth abortion statute, the Fourth Circuit has granted rehearing. The transportation funding case is the one that makes you scratch your head and wonder how they thought that would ever work.

Comparing the financial markets and the telecom markets

This article says - if you leave the telecommunications companies to their own devices on net neutrality, they will screw things up as bad as the financial companies have done, for the same reasons - because the laws are relics of the Depression era, and inadequate in the modern age to ensure some minimum protections for the public.

On arguing in the Sixth Circuit on Tuesday

All I can say is that it was really fun, arguing an appeal is about the most fun you get as a lawyer, the opportunity to see if you can for a few minutes respond effectively to sharp questions from strong judges.

In the Sixth Circuit, you are told the makeup of the panel in advance. I wondered what to do with this information. The question was reduced in scope somewhat by the fact that the panel included a brand new judge, who had not written any opinions at all, and specialized in other areas of the law during his private practice.

After court, I followed my GPS on some obscure route through Southeastern Ohio to Charleston, West Virginia, where I was supposed to have a deposition, and made it the rest of the way home yesterday.

Article by Judge Wilkinson

Legal Theory Blog has this post about an article by Judge Wilkinson of the Fourth Circuit, now available on SSRN. The title is Of Guns, Abortions, and the Unraveling Rule of Law.

On arguing tomorrow in the Sixth Circuit

It says here that the panel who will hear my argument (right here in Cincinnati) tomorrow includes Judges Clay and Kethledge, and District Judge Oliver from the N.D. Ohio.

Having requested oral argument in this Title VII case, and feeling lucky to get it, I can only hope that the opportunity to advance the case is not wasted.

And, I did eat the chili at 7th and Vine (but only a three-way).

Don't squeeze the officers

Read this article ("Beach lawyers advised to stop patting officers on the back") and every one of the comments, about the "problem" of familiarity between defense lawyers and traffic cops.

The judges not the officers are the ones I watch.

I remember one time sitting in the courtroom and Judge Brown dismissed a case and called the old trooper up to the bench and said essentially this, I thought we both were going to retire before I dismissed a single one of your cases, meaning to compliment the trooper but leaving me somewhat discouraged.

Another story on the Buchanan County case

People who ask me what came of the Buchanan County case can read the latest in this story by Daniel Gilbert.

Chief Justice Roberts and James Madison

USA Today reports here that the Chief Justice will speak at the ceremony marking the restoration of James Madison's home called Montpelier, on September 17.

Highlight from last week

Last week, I had a hearing before Judge Turk, in his library in Roanoke.

And, Baby Girl was right there with us, checking the scene, echoing the judge's sentiment that it was good to see us all.

That would be the way to do it, be a judge and take the dog to court.

And, Jerry Fuhrman said . . .

"Do you suppose the Washington Post would have written this (in "Mr. McCain's Choice") if Tim Kaine (who has no more political experience than Sarah Palin does) had been chosen to be Obama's running mate?"

- from this From on High post.

She said it

"Smith makes women feel like they can do anything. . . . Randolph-Macon used to do that."

Mother of former student at Randolph-Macon, one of the plaintiffs in the litigation against the school, quoted here.

On picking up the deer that ran away

It says here:

"Virginia is the only state that has a right to retrieve law, allowing hunters to do so."