Friday, October 17, 2008

On representing plaintiffs

Here's an opinion by Judge Turk in a Title VII case denying in part the defendants' summary judgment motion, where we represent a fellow from Pulaski who has become a good friend of mine.

Oh, well

I talked to my mom this morning and she said they were going to what I understood her to say was an "Artesian center" wherever it is they are this week, but she seemed pretty cheerful about it.

I thought, hmm, maybe Dad is carrying his long-time hobby of getting water to the farm at Jonesville a bit too far, if he has found some kind of hydrology museum.

Mom went on to say, however, it's a crafts place, like Tamarack in West Virginia. Ah, that kind of artesian.

Fun items

Liberty's law school is bragging on its 90+% bar passage rate from this summer, as shown here.

The Episcopal Church vows here to endeavor to persevere, meaning more church law for the rest of us.

This post describes an ERISA case that went to the Fourth Circuit over a $40 dispute.

This post says John Fishwick is talking up a run for Attorney General; imagine a race between Fishwick and Brownlee, Roanoke v. Roanoke. I met John Fishwick just the other day in Charlottesville.

This article
on Jim Gilmore says that when he was in high school, all he cared about was music. It is well-known that band geeks make better Senators.

Thursday, October 16, 2008

On biking in the Shenandoah National Park

This piece says - don't ride two abreast in the Park.

No problem, I'm sure there's no one I could keep up with anyway.

On the J. Dickson Phillips Distinguished Professor of Law

Here the UNC Law School makes an announcement of the new J. Dickson Phillips Distinguished Professor of Law. Judge Phillips chaired the panel in my first federal appeal, fifteen years ago or more, and made me a fan.

More on the timber case

Here is the Bristol paper's report on the opinion from Magistrate Judge Sargent in our Wise County timber harvest case, including what strikes me as absurd statements from a Sierra Club lawyer.

In this case, the state agency was bypassed, and suit was filed to get the federal court to second-guess the federal agency's determination, and then plaintiffs' counsel accuses the defendants of taking advantage of a loophole in the law? I mean, really.

Wednesday, October 15, 2008

The Sierra Club case

Here is the latest recommendation and report from Magistrate Judge Sargent, in our timber-cutting case out of Wise County.

It begins dramatically:

"To a child of Appalachia, to see the mountains laid waste, whether by clear–cutting or strip mining, is to witness a dagger plunged into the very bosom from which you sprang and which has sustained you. Nonetheless, this court’s role in this case is not to pass judgment upon the policy decisions which allow such activities. Instead, its role is to decide the issue presented in this case – whether the court should issue a permanent injunction preventing continued logging activities on this property without a valid surface mining permit. For the reasons outlined below, I find that it should not, and I further recommend that the court vacate the preliminary injunction entered on August 4, 2008."

Tuesday, October 14, 2008

On being a "Leader in the Law"

Here the announcement was made that Virginia Lawyers Weekly has included me on a list of Leaders in the Law, with many distinguished people - because of this blog.

This kind of makes me wish I'd written something more interesting lately.

I thank the readers, old and new, including those at VLW.

Monday, October 13, 2008

That LA Times article on Obama and race in Southwest Virginia

I forgot to post here this LA Times story from October 5, titled "Frank talk of Obama and race in Virginia." The dateline is Whitewood, in Buchanan County, and the story begins:

"The isolated towns of Virginia's Appalachian coal region are home to strong labor unions and Democratic political machines that date back generations. Yet voters here who eagerly pushed Democrats into the Senate and the governor's office are resisting Barack Obama."

Back in May, Obama got less than 10% of the primary vote in Buchanan County.

On that cheesy guy from the Times winning the Nobel Prize

Here is Luskin's post on the announcement that Paul Krugman will get the prize.

That seems so wrong, to give a distinguished prize to a political shill, who looks so horrible on television.