Via this WV Law Dog post, according to this report in the Charleston Gazette (registration required), attorney Mark Sadd is no longer in the running for the S.D. W.Va. judgeship made vacant by the death of Judge Charles Haden.
Evidently, some Republicans are wanting somebody else. One Republican is quoted as saying: "He does not have the temperament, the character or the background. He’s a real-estate lawyer." Ouch, what's up with that?
Mark Sadd and I both graduated in the 1986 class at U.Va., where among other things he was one of the big cheeses and I was one of the hangers-on at the now-defunct University Journal.
Saturday, February 19, 2005
W&L symposium on unpublished opinions
This press release describes an upcoming symposium at Washington & Lee on the controversy over the use of unpublished opinions.
As I've said before, my view is, lawyers should be free to cite whatever works - except foreign case law on U.S. constitutional issues.
As I've said before, my view is, lawyers should be free to cite whatever works - except foreign case law on U.S. constitutional issues.
Deja vu, another retaliation claim goes forward
In Smith v. Shenandoah Valley Juvenile Detention Home Commission, Judge Conrad granted summary judgment on the plaintiff's race and gender discrimination claims, but denied the defendant's motion on the retaliation claim.
Something similar happened in a different case before Judge Jones a couple of weeks ago. Retaliation claims might be the easiest kind to get to the jury when something bad happens soon after the protected conduct of the plaintiff, whatever it is.
Something similar happened in a different case before Judge Jones a couple of weeks ago. Retaliation claims might be the easiest kind to get to the jury when something bad happens soon after the protected conduct of the plaintiff, whatever it is.
Disqualification of counsel from representing multiple debtors affirmed
In Tri-State Leasing v. U.S. Trustee, Chief Judge Jones affirmed a Bankruptcy Court order that required the disqualification of counsel from representing more than one of a related group of debtors that owed each other money.
Thursday, February 17, 2005
Chief Judge Jones goes low
In U.S. v. Mullins, Chief Judge Jones imposed a sentence below the "advisory sentencing guideline range" in a case where the defendant was charged with possessing an illegal assault weapon about a month before the statutory ban expired.
To "go low" is a good thing, at least on the PGA Tour.
To "go low" is a good thing, at least on the PGA Tour.
Alabama vs. Virginia in freakiness contest
Via Timothy Sandefur, This post compares and contrasts the nuttiness between Alabama and Virginia, and says nothing about either Bear Bryant or Thomas Jefferson.
I can vouch for No. 3
At No. 3 among The 10 Most Dangerous Foods to Eat While Driving is TACOS. The scariest drive of my life was the night I picked up a mess of tacos at a Happy Mart/Taco Bell outside of Pikeville, KY, while headed for home down U.S. 23 before they straightened out the road at Jenkins. (If you've been there, you know what I'm talking about.)
Not on the list, three others I've managed a few times between Bristol and Abingdon are pizza, soup, and Chinese food (specifically, beef with broccoli). This should make you all feel better about driving northbound in that area on the interstate between 8:00 pm and 10:00 pm most any weekday, the usual hours of my exodus.
Thanks to David for turning me on to this link.
Not on the list, three others I've managed a few times between Bristol and Abingdon are pizza, soup, and Chinese food (specifically, beef with broccoli). This should make you all feel better about driving northbound in that area on the interstate between 8:00 pm and 10:00 pm most any weekday, the usual hours of my exodus.
Thanks to David for turning me on to this link.
Norfolk paper thinks Atkins deserves consideration for making the U.S. reports
The Norfolk paper opines here that convicted murderer Daryl Atkins ought to get some slack from the Commonwealth for winning his Supreme Court case, even if he isn't mentally retarded.
Richmond newsies appeal camera restrictions in murder case
The Richmond paper has this story on the appeal noted by it and two tv stations of the rulings by the Henrico County Circuit Court judge to restricting camera access to a murder trial scheduled for next week.
Tuesday, February 15, 2005
Frank is dead
Here is the story of the Virginia kid who named his brain tumor "Frank" and who is now cancer-free.
Another Coalfield story on the 30th circuit judgeship
The Coalfield Progress reports that Tammy McElyea has the inside track on becoming the new circuit court judge for the 30th Circuit.
Notwithstanding the few articles in the Coalfield Progress, it seems to me like this is a historic year - the General Assembly is going to appoint new circuit court judges for the 28th, 29th, and 30th circuits at the same session - and nobody but the lawyers and judges are paying much attention. How many times has that happened, so many Southwest Virginia circuit court judges appointed at one time?
Notwithstanding the few articles in the Coalfield Progress, it seems to me like this is a historic year - the General Assembly is going to appoint new circuit court judges for the 28th, 29th, and 30th circuits at the same session - and nobody but the lawyers and judges are paying much attention. How many times has that happened, so many Southwest Virginia circuit court judges appointed at one time?
Trying to get more money for court-appointed counsel
The Norfolk paper has this editorial in support of the efforts of Del. McDonnell, among others, to try to get a pay raise for the lawyers who take on court-appointed criminal clients in Virginia's courts.
Since I'm a lawyer, I think this is a very important issue - funding for public defenders and court-appointed counsel. There ought to be a requirement that every time any member of the General Assembly introduces a bill that would change any part of Titles 18.2 (Crimes) or 19.2 (Criminal Procedure), which they do all the time, the money for lawyers for the indigent defendants will go up by 1%.
Since I'm a lawyer, I think this is a very important issue - funding for public defenders and court-appointed counsel. There ought to be a requirement that every time any member of the General Assembly introduces a bill that would change any part of Titles 18.2 (Crimes) or 19.2 (Criminal Procedure), which they do all the time, the money for lawyers for the indigent defendants will go up by 1%.
Sunday, February 13, 2005
Ruff times
The old dog is sick.
I know it's a tough old world, but one thing that's no good at all is when the dog makes a mess in the house, slips and falls in it, and because of her bad legs, can't raise herself up off the wet floor and has to lie in it until someone comes along and helps her.
Chrissy the dog is a former death row inmate whose sentence was commuted to house arrest when we brought her home from the Washington County animal shelter in March 1991 - so she is 14 years old. It has been retold here before, and not for the last time, that years ago, Judge Jones and his wife saw us on the street with the dog and he said she is a cute puppy. Even though this was before he was judge, I consider his opinion in this instance a matter of res judicata.
We went to see the vet this morning. The doctor prescribed for the dog a course of Metronidazole. The last time the dog took this medicine, I was taking it, too, for Crohn's disease. It worked for the dog but not for me. On the topic of Crohn's, while the dog has the bad belly, I've been the night nurse. My wife says this should be no imposition, since I'm generally up and down all night anyway, which is true and has been for these many years.
On inundation and gentility and medical malpractice
In this story, mostly about the pending medical malpractice reform bills, the word choices caught my eye.
For one thing, it says of Winchester and surrounding parts that "the area is inundated with frivolous claims", but goes on to say there are not many of them.
Also, it quotes a local lawyer as saying "the practice of law in my region is much more gentile." I think the lawyers in Southwest Virginia are mostly gentile, and in addition some of the Gentiles are genteel.
For one thing, it says of Winchester and surrounding parts that "the area is inundated with frivolous claims", but goes on to say there are not many of them.
Also, it quotes a local lawyer as saying "the practice of law in my region is much more gentile." I think the lawyers in Southwest Virginia are mostly gentile, and in addition some of the Gentiles are genteel.
On the selection of Virginia judges
The Richmond paper has this editorial that says the Republicans have yet to come through on promises to do better than the Democrats in rationalizing the system by which the General Assembly selects judges.
The editorial says, among other things:
"The courts may offer a rare example in which Washington does better than Virginia. The Commonwealth ought to consider adopting an approach similar to the one used by the federal government. The Governor could nominate judicial candidates who would be subject to legislative confirmation. Or Virginia could create a merit system that would authorize independent commissions, whose members would represent not just the parties and an often arrogant bar but other interests having a stake in the justice system, to vet candidates and make formal recommendations to the Assembly."
The editorial says, among other things:
"The courts may offer a rare example in which Washington does better than Virginia. The Commonwealth ought to consider adopting an approach similar to the one used by the federal government. The Governor could nominate judicial candidates who would be subject to legislative confirmation. Or Virginia could create a merit system that would authorize independent commissions, whose members would represent not just the parties and an often arrogant bar but other interests having a stake in the justice system, to vet candidates and make formal recommendations to the Assembly."
Saturday, February 12, 2005
William & Mary Law will have symposium on displays of the Ten Commandments
According to this press release, William & Mary Law School will host a symposium on public displays of the Ten Commandments, and the headliners on the panel are Nadine Strossen and Jay Sekulow.
Holy catbirds, that's a made-for-TV clash of the titans right there, or is it? If he's not well-prepared (and perhaps he always is), Mr. Sekulow may need to stash some extra Twinkies in his briefcase, because Ms. Strossen will eat his lunch.
Holy catbirds, that's a made-for-TV clash of the titans right there, or is it? If he's not well-prepared (and perhaps he always is), Mr. Sekulow may need to stash some extra Twinkies in his briefcase, because Ms. Strossen will eat his lunch.
Virginia argues that the Establishment Clause does not wholly constrain the states?
In a Findlaw column titled Virginia's Bizarre Claim to the Supreme Court Asserting that the Establishment Clause Does Not Constrain the States, the author claims that in an amicus brief filed by the Commonwealth involving the Religious Land Use and Institutionalized Persons Act, Virginia takes the position that "the states should have broad latitude to institute religious programming in the state prisons, without federal government intervention like RLUIPA," and in support of this view, Virginia claims that "the Establishment Clause does not wholly apply to the states," citing the dissenting opinion by Justice Thomas in the Pledge of Allegiance case.
Why not Patrick Henry, George Washington, or Robert E. Lee?
The Richmond paper reports here that among the candidates to become judges in this session of the General Assembly are Virginia lawyers named John Marshall and George Mason.
Apparently, although a Patrick Henry, a George Washington, and a Robert E. Lee are listed in Martindale as Virginia lawyers, I have not read that any of them are candidates for judgeships this year.
Apparently, although a Patrick Henry, a George Washington, and a Robert E. Lee are listed in Martindale as Virginia lawyers, I have not read that any of them are candidates for judgeships this year.
Bluefield paper takes a stand against litigation frivolity
Here the Bluefield paper editorializes against frivolous lawsuits in West Virginia.
On omitted names from newspapers
The Kingsport paper has this piece which lauds a sports reporter for leaving out the name of the school kid who committed the foul that cost the big Kingsport high school a basketball game.
By contrast, the Bristol paper wants to print every detail about an accused school teacher. Today's editorial does not acknowledge that the rights of the accused (and the accuser) are affected by the kind of publicity which the newspaper has chosen to give this case. I suspect that the newspaper has only itself to blame for the juvenile court's decision to close the preliminary hearing to the media.
By contrast, the Bristol paper wants to print every detail about an accused school teacher. Today's editorial does not acknowledge that the rights of the accused (and the accuser) are affected by the kind of publicity which the newspaper has chosen to give this case. I suspect that the newspaper has only itself to blame for the juvenile court's decision to close the preliminary hearing to the media.
More on the verb to lynch
A Lynchburg lawyer writes that he is "reading James Elson's recent history of Lynchburg, Lynchburg, Virginia: The First Two Hundred Years, 1786-1986. The book contains an interesting discussion of the origin of the term 'lynch law' and its verbal form 'to lynch.'
According to Elson, there are several candidates, 'the best-documented historical figure for giving his name to 'lynch law' is undoubtedly Colonel Charles Lynch.' Charles Lynch was the older brother of John Lynch, the founder of Lynchburg and the person for whom the city is named.
Colonel Lynch was not a judge. Rather, he represented Bedford County in the House of Burgesses and was a colonel in the Bedford militia. As part of his duties with the militia, he was responsible for 'suppressing agitation by local Tories.' This he accomplished by holding 'extra-legal hearings' at his estate in present-day Altavista. Tories were tied to a tree and given thirty-nine lashes. A Tory could stop the lashings by proclaiming 'Liberty forever!' While there were rumblings that Colonel Lynch may have presided over some hangings, there exists no such historical evidence.
In 1782, the Virginia legislature passed a law indemnifying Colonel Lynch and others for their actions. The law stated that Colonel Lynch's actions 'were not strictly warranted by law, although justifiable from the imminence of the danger.'"
According to Elson, there are several candidates, 'the best-documented historical figure for giving his name to 'lynch law' is undoubtedly Colonel Charles Lynch.' Charles Lynch was the older brother of John Lynch, the founder of Lynchburg and the person for whom the city is named.
Colonel Lynch was not a judge. Rather, he represented Bedford County in the House of Burgesses and was a colonel in the Bedford militia. As part of his duties with the militia, he was responsible for 'suppressing agitation by local Tories.' This he accomplished by holding 'extra-legal hearings' at his estate in present-day Altavista. Tories were tied to a tree and given thirty-nine lashes. A Tory could stop the lashings by proclaiming 'Liberty forever!' While there were rumblings that Colonel Lynch may have presided over some hangings, there exists no such historical evidence.
In 1782, the Virginia legislature passed a law indemnifying Colonel Lynch and others for their actions. The law stated that Colonel Lynch's actions 'were not strictly warranted by law, although justifiable from the imminence of the danger.'"
The dance of legislation
Virginia Isn't for Bullies, a blog by the dad who is supporting the anti-bullying bills, makes me think of a book I read in college, The Dance of Legislation - which I understand was updated in 2000, thirty years after it was first published.
Friday, February 11, 2005
More from the Post on the Virginia justice system
The Washington Post has this editorial in its continuing series on the Virginia criminal justice system, highlighting the Senate bill that would provide relief from missing some appeal deadlines.
First one out with the D word
Nothing I've read lately bodes well for the Baril for AG campaign. Brandon posted a rumor that Baril was paying his "volunteers." Today, the AFP says here that the Baril camp is daring the McConnell camp to a series of debates.
From everything I've ever read or heard, the candidate pressing for the debates is the one who thinks he's behind, and is hoping for the big inning, the deep pass, the halfcourt buzzer beater, and the late round knockout, to overcome the other candidate's lead.
Also, I don't understand how anybody from a really big Richmond law firm could make the claim to be more qualified as the next "people's lawyer" (i.e., the truer populist?) and somehow less of an "insider" than a small firm lawyer from Virginia Beach (who went to Regent). Am I the only one who thinks that is really strange? The Williams Mullen firm just got all of this publicity from Jerry Kilgore joining over there, and some its partners are recognized as the foremost lobbyists, and yet a Williams Mullen partner is running for statewide office as an "outsider." This campaign theme strikes me as wrongheaded, not only because it is contradicted by this background of facts but also because it seems like a waste. If I was a Williams Mullen partner running for Attorney General, I just might say this: that the law firm is outstanding in all that it does and I'm proud of its work and my goal if elected is for the AG's office to do for Virginia what Williams Mullen does for its clients.
Perhaps I am being both naive and dishonest - probably the first thing I'd do if I ran for statewide office would be to go out and buy some cowboy boots.
From everything I've ever read or heard, the candidate pressing for the debates is the one who thinks he's behind, and is hoping for the big inning, the deep pass, the halfcourt buzzer beater, and the late round knockout, to overcome the other candidate's lead.
Also, I don't understand how anybody from a really big Richmond law firm could make the claim to be more qualified as the next "people's lawyer" (i.e., the truer populist?) and somehow less of an "insider" than a small firm lawyer from Virginia Beach (who went to Regent). Am I the only one who thinks that is really strange? The Williams Mullen firm just got all of this publicity from Jerry Kilgore joining over there, and some its partners are recognized as the foremost lobbyists, and yet a Williams Mullen partner is running for statewide office as an "outsider." This campaign theme strikes me as wrongheaded, not only because it is contradicted by this background of facts but also because it seems like a waste. If I was a Williams Mullen partner running for Attorney General, I just might say this: that the law firm is outstanding in all that it does and I'm proud of its work and my goal if elected is for the AG's office to do for Virginia what Williams Mullen does for its clients.
Perhaps I am being both naive and dishonest - probably the first thing I'd do if I ran for statewide office would be to go out and buy some cowboy boots.
Former judge Askew sues her accuser and the Newport News paper
The AP reports here that former Circuit Court judge Verbena Askew has sued the woman who accused her of something or other and also the Daily Press for reporting something or other about her - read the article and don't look for the details here.
Actually, it says that she is claiming breach of confidentiality by the newspaper. Holy catbirds, can there be such a claim, and on what theory? Breach of contract?
Actually, it says that she is claiming breach of confidentiality by the newspaper. Holy catbirds, can there be such a claim, and on what theory? Breach of contract?
Virginia Supreme Court justices in Abingdon for BLI
As shown here, Chief Justice Hassell and Justice Kinser will be among those on the program at the upcoming Bar Leadership Institute in Abingdon on March 18.
Another segment will be on the topic of "What is the Virginia State Bar Doing for You," featuring, among others, the last president - Jeannie Dahnk from Fredericksburg, the current president - David Bobzien from Fairfax County, the next president - Phil Anderson from Roanoke, and Bill Bradshaw, a member of Bar Council from Big Stone Gap. Apparently, they've got 6 speakers to fill 30 minutes answering the question.
Another segment will be on the topic of "What is the Virginia State Bar Doing for You," featuring, among others, the last president - Jeannie Dahnk from Fredericksburg, the current president - David Bobzien from Fairfax County, the next president - Phil Anderson from Roanoke, and Bill Bradshaw, a member of Bar Council from Big Stone Gap. Apparently, they've got 6 speakers to fill 30 minutes answering the question.
Virginia Supreme Court Review by telephone
Here is the scoop on an upcoming telephone seminar from VTLA on new stuff from the Virginia Supreme Court.
Thursday, February 10, 2005
Still my favorite Tech student
The Washington Post has this update on Rayna Dubose at Virginia Tech.
I've posted every Rayna Dubose article I've seen since this blog began.
I've posted every Rayna Dubose article I've seen since this blog began.
Dean Reveley and Gene Nichol among W&M finalists
The Virginia Gazette reports here that the law school's Dean, Taylor Reveley, and a one-time law school professor are among the finalists to become the president of the College of William & Mary. Gene Nichol was among the law faculty back when I started in Williamsburg in 1986, now he is at North Carolina. Both Dean Reveley and Nichol were at the Fourth Circuit judicial conference two years ago, talking about the woes of their lot as law school deans.
Capital offense
Via Ray, this AL& P post describes an opinion in which, among other things, the Court zinged the Government for failure to capitalize the word "Court:"
"Judge Gilmore further used this opportunity to excoriate the Government for its lack of decorum, and also for its incorrect capitalization as mandated by The Bluebook. See, e.g., Dec. 29, 2004, Order at 5 n.1 (“In addition to capitalizing ‘Court’ when naming any court in full or when referring to the U.S. Supreme Court, practitioners should also capitalize ‘Court’ in a court document when referring to the court that will be receiving that document.” The Bluebook: A Uniform System of Citation P. 6(a) at 17 (Columbia Law Review Ass’n et al. eds., 17th ed. 2000)”)."
"Judge Gilmore further used this opportunity to excoriate the Government for its lack of decorum, and also for its incorrect capitalization as mandated by The Bluebook. See, e.g., Dec. 29, 2004, Order at 5 n.1 (“In addition to capitalizing ‘Court’ when naming any court in full or when referring to the U.S. Supreme Court, practitioners should also capitalize ‘Court’ in a court document when referring to the court that will be receiving that document.” The Bluebook: A Uniform System of Citation P. 6(a) at 17 (Columbia Law Review Ass’n et al. eds., 17th ed. 2000)”)."
Underpants bill gets dropped
The AP reports here that a Senate committee did in the droopy drawers bill passed by the House.
The article did not mention whether the Senators were concerned that a ban on exposed drawers would, as suggested by many, cause more Virginians to go without.
The article did not mention whether the Senators were concerned that a ban on exposed drawers would, as suggested by many, cause more Virginians to go without.
More on the underwear law
Wednesday, February 09, 2005
Judge Combs retiring from General District Court in Tazewell
This post from the excellent Southwest Virginia news site says that Tazewell County General District Court Judge Fred Combs has announced that he will retire as of June 30, 2005.
The article says: "Jack S. (Chip), Hurley Jr., a Bluefield attorney, Henry Barringer from Tazewell, Karel Ryan of Tazewell and Richlands attorneys Shannon Cooke and Shea Cook are among the candidates."
The article says: "Jack S. (Chip), Hurley Jr., a Bluefield attorney, Henry Barringer from Tazewell, Karel Ryan of Tazewell and Richlands attorneys Shannon Cooke and Shea Cook are among the candidates."
Droopy drawers posts
Some blog commentary on the droopy drawers law that is making its way through the General Assembly:
Virginians' underwear gets national attention
VA Introduces Anti-Underpants Bill
I see Paris, I see France ...
'Droopy drawers' bill an end to overexposure of underwear?
Caught With Your Pants Down
Way To Go, VA
Virginia Takes On The Serious Problems
Apparently stupidity is catching…
Virginians' underwear gets national attention
VA Introduces Anti-Underpants Bill
I see Paris, I see France ...
'Droopy drawers' bill an end to overexposure of underwear?
Caught With Your Pants Down
Way To Go, VA
Virginia Takes On The Serious Problems
Apparently stupidity is catching…
Origin of the verb to lynch
It says here: "But lynching is primordially a US invention--Larousse in fact defines it as 'summary justice, peculiar to the United States.' The Spanish verb linchar is a corruption of the English surname 'Lynch,' for Captain Charles Lynch, a Virginia judge during the American revolutionary war who advocated summary executions for those who stood with the British."
Tuesday, February 08, 2005
Counsel for the Kilgore campaign
Ashley Taylor is the counsel for the Jerry Kilgore for Governor campaign - a VMI and Washington & Lee graduate.
Maybe they can get Ralph Stanley for a similar event in Grundy
In the small world department, here is a law school offering regarding Bruce Springsteen from the Widener School of Law in Harrisburg, PA.
Way back when, I lived in Lancaster (which is almost Harrisburg), and there was some live music bar there where legend had it that Bruce Springsteen would show up unadvertised from time to time and jam with the regular band there, which was called the Sharks.
I went in there one time, sometime between 1985 and 1988, and sure enough there was a band, and the front men were these two bearded guys, and they were singing a cover version of one of the songs from the pop band called Heart. And I said to the people with me, I'm not complaining or anything, but those two bearded guys sound just like the Wilson sisters, and that's really weird, two guys belting out in falsetto, "What about love, don't you want someone to care about you."
Way back when, I lived in Lancaster (which is almost Harrisburg), and there was some live music bar there where legend had it that Bruce Springsteen would show up unadvertised from time to time and jam with the regular band there, which was called the Sharks.
I went in there one time, sometime between 1985 and 1988, and sure enough there was a band, and the front men were these two bearded guys, and they were singing a cover version of one of the songs from the pop band called Heart. And I said to the people with me, I'm not complaining or anything, but those two bearded guys sound just like the Wilson sisters, and that's really weird, two guys belting out in falsetto, "What about love, don't you want someone to care about you."
What, freedom of contract for employers to provide domestic partner benefits in Virginia?
Rick Sincere has this post on the passage today of SB 1338, which makes me wonder what happened to the all-encompassing homophobia attributed to the legislators of the Commonwealth, that they would allow a consenting insurer to engage openly in unlimited contractual relations for the benefit of unmarried persons.
Must be because of all those religion professors sitting around in there taking notes
According to this review, a new book called Bad for Us: The Lure of Self-Harm answers the question "why male students in the University of Virginia locker rooms work so hard at not letting other men see them naked."
Va. Tech columnist figures it out
The Collegiate Times offers this analysis of the gubernatorial race, which says among other things that the keys to the race may be cultural issues and rural white males.
More on name-calling
On the topic of calling people Nazis, via this Sandefur post, I see this column from the Washington Post, which makes the startling point that not even all the real Nazis are commonly called Nazis, just the unfashionable ones.
NPR reports on the Jeremy Davidson case from Wise County
Here can be seen and heard National Public Radio's take on the case of the Wise County boy who was killed by the rock from the strip mine.
Reductio ad hitlerum
Bacon is on the mark with this post that says the Democrats who called their colleagues Nazis are off the mark.
Monday, February 07, 2005
Federal death penalty case begins in Abingdon
The Richmond paper reports here ("Jury selection in killings to begin," 2/7/05) that jury selection began today in a federal death-penalty case that was moved from Harrisonburg to Abingdon because of pre-trial publicity.
The article says that the charges were brought under "the federal Violence Against Women Act."
The article doesn't say it, but the presiding judge is Judge Samuel G. Wilson.
The article says that the charges were brought under "the federal Violence Against Women Act."
The article doesn't say it, but the presiding judge is Judge Samuel G. Wilson.
The return of Shaula
From the left, Shaula has this post that says one important aspect of the 2005 elections in Virginia is whether the Democrats will retain a "veto-proof minority" in the House of Delegates.
Ron Meisburg as swing vote on NLRB
This post discusses the record of Ron Meisburg during his time as a recess appointee to the NLRB. Mr. Meisburg was nominated by the White House on January 24.
Lawyer representing victims of drunk drivers
The Norfolk paper has this account of a lawyer who represents the families of victims of drunk drivers and who is an advocate for stricter drunk driving laws.
Sunday, February 06, 2005
Unsworn declarations and other matters
HB 2652 would allow the use of unsworn declarations in place of affidavits, in some circumstances, much in the manner of declarations under 28 U.S.C. 1746.
SB 790 amends Va. Code 8.01-428 to allow parties who somehow don't get notice of the entry of a final order up to 60 days to seek post-judgment relief, which would restart the clock for an appeal.
SB 827 would amend Va. Code 8.01-417 to require that parties who obtain documents by subpoena to send them to the other parties, upon written request (and payment of reasonable costs).
SB 1123 provides for waiver of service of process, in the manner of Rule 4 of the Federal Rules of Civil Procedure.
SB 790 amends Va. Code 8.01-428 to allow parties who somehow don't get notice of the entry of a final order up to 60 days to seek post-judgment relief, which would restart the clock for an appeal.
SB 827 would amend Va. Code 8.01-417 to require that parties who obtain documents by subpoena to send them to the other parties, upon written request (and payment of reasonable costs).
SB 1123 provides for waiver of service of process, in the manner of Rule 4 of the Federal Rules of Civil Procedure.
Recodification of Title 1
HB 2640 recodifies Title 1.
In case you wondering, two things will still be true, in the new Va. Code 1-200 and 1-201:
1. "The common law of England, insofar as it is not repugnant to the principles of the Bill of Rights and Constitution of this Commonwealth, shall continue in full force within the same, and be the rule of decision, except as altered by the General Assembly."
and
2. "The right and benefit of all writs, remedial and judicial, given by any statute or act of Parliament, made in aid of the common law prior to the fourth year of the reign of James the First, of a general nature, not local to England, shall still be saved, insofar as the same are consistent with the Bill of Rights and Constitution of this Commonwealth and the Acts of Assembly."
In case you wondering, two things will still be true, in the new Va. Code 1-200 and 1-201:
1. "The common law of England, insofar as it is not repugnant to the principles of the Bill of Rights and Constitution of this Commonwealth, shall continue in full force within the same, and be the rule of decision, except as altered by the General Assembly."
and
2. "The right and benefit of all writs, remedial and judicial, given by any statute or act of Parliament, made in aid of the common law prior to the fourth year of the reign of James the First, of a general nature, not local to England, shall still be saved, insofar as the same are consistent with the Bill of Rights and Constitution of this Commonwealth and the Acts of Assembly."
The Knights
In an unusual coincidence, one of Southwest Virginia's most distinguished lawyers went to the same Northern Virginia high school as my wife, which school is the subject of this commendation being considered in this session of the General Assembly.
Litigating the death penalty by the numbers
Prof. Althouse has this interesting post which says, among other things, that the defendant Atkins, of the Atkins v. Virginia case, now scores a 75 on his IQ test, which the prosecutor says is high enough to pass for his execution to pass constitutional muster.
On Friday, the Richmond paper had this report about the case. Today, the NY Times has this story ("Inmate's Rising I.Q. Score Could Mean His Death," 2/6/05) (registration required)
Under Va. Code 19.2-264.3:1.1, "mentally retarded" means "a disability, originating before the age of 18 years, characterized concurrently by (i) significantly subaverage intellectual functioning as demonstrated by performance on a standardized measure of intellectual functioning administered in conformity with accepted professional practice, that is at least two standard deviations below the mean and (ii) significant limitations in adaptive behavior as expressed in conceptual, social and practical adaptive skills." Evidently, two standard deviations below the mean equals an IQ of 70.
On Friday, the Richmond paper had this report about the case. Today, the NY Times has this story ("Inmate's Rising I.Q. Score Could Mean His Death," 2/6/05) (registration required)
Under Va. Code 19.2-264.3:1.1, "mentally retarded" means "a disability, originating before the age of 18 years, characterized concurrently by (i) significantly subaverage intellectual functioning as demonstrated by performance on a standardized measure of intellectual functioning administered in conformity with accepted professional practice, that is at least two standard deviations below the mean and (ii) significant limitations in adaptive behavior as expressed in conceptual, social and practical adaptive skills." Evidently, two standard deviations below the mean equals an IQ of 70.
Good thing his dad was not a proctologist
In this piece, the Washington Post takes Senator Allen to task for using too much football terminology.
Maybe Allen would do better with stories like this one:
"It reminds me of a story here in southwest Virginia about a horse thief. And the jury goes through the whole case and they say, 'Not guilty, but you have to return the horse.' And he's not guilty, but you have to pay for those gifts." -- Sen. George Allen (R-Va.) after the Senate Select Committee on Ethics severely admonished Sen. Robert G. Torricelli (D-N.J.) for violating gift rules by receiving cash and other favors from David Chang, a former campaign supporter and convicted felon.
Maybe Allen would do better with stories like this one:
"It reminds me of a story here in southwest Virginia about a horse thief. And the jury goes through the whole case and they say, 'Not guilty, but you have to return the horse.' And he's not guilty, but you have to pay for those gifts." -- Sen. George Allen (R-Va.) after the Senate Select Committee on Ethics severely admonished Sen. Robert G. Torricelli (D-N.J.) for violating gift rules by receiving cash and other favors from David Chang, a former campaign supporter and convicted felon.
Watchdogging the Virginia State Legislature
Via Waldo, Watchdogging the Virginia State Legislature is keeping score on the General Assembly.
Saturday, February 05, 2005
Single form of action bill advances
SB 1118, which "creates a single form of pleading for civil actions," is making its way through the Senate.
I read about this a while back and wondered what became of it. The change is to the good. It will eliminate one perennial problem, figuring out what to call that initial pleading, especially when you've got some statutory claim and nobody knows whether it is legal or equitable.
Virginia civil procedure is filled with incredible strangeness and ambiguity. You'd think after all these years, it would be pretty well-known, for example, what can be raised by a plea and how, or what can be raised on demurrer and how, and maybe these things are well-known but widely ignored.
I read about this a while back and wondered what became of it. The change is to the good. It will eliminate one perennial problem, figuring out what to call that initial pleading, especially when you've got some statutory claim and nobody knows whether it is legal or equitable.
Virginia civil procedure is filled with incredible strangeness and ambiguity. You'd think after all these years, it would be pretty well-known, for example, what can be raised by a plea and how, or what can be raised on demurrer and how, and maybe these things are well-known but widely ignored.
On guns and smut in Virginia's libraries
This story says the General Assembly will not pass legislation to ban guns in Virginia's public libraries. On an unrelated matter, it says here that a Senate committee did not pass a smut-filtering requirement for public libraries in the Commonwealth - the measure failed on a 7-7 vote in the General Laws committee - but it says here that the House passed a similar measure on Friday by a vote of 76-17.
Third judgeship bill passes Senate, gets past House Appropriations by vote of 14-9
On Friday, the Senate approved a third judgeship for the 28th Circuit, as shown here.
Also, it says here the vote in the House Appropriations committee on the new judgeship was 14-9 in favor. The ayes were Dels. Callahan (R), Putney (I), Dillard (R), Morgan (R), Tata (R), May (R), Sherwood (R), Cox (R), Councill (D), Phillips (D), Spruill (D), Stump (D), Joannou (D), and Abbitt (I). The nays included Dels. Hamilton (R), Ingram (R), Wardrup (R), Dudley (R), Reid (R), Jones, S.C. (R), Hogan (R), Scott, J.M. (D), and Miles (D).
I wonder what all that was about.
Also, it says here the vote in the House Appropriations committee on the new judgeship was 14-9 in favor. The ayes were Dels. Callahan (R), Putney (I), Dillard (R), Morgan (R), Tata (R), May (R), Sherwood (R), Cox (R), Councill (D), Phillips (D), Spruill (D), Stump (D), Joannou (D), and Abbitt (I). The nays included Dels. Hamilton (R), Ingram (R), Wardrup (R), Dudley (R), Reid (R), Jones, S.C. (R), Hogan (R), Scott, J.M. (D), and Miles (D).
I wonder what all that was about.
Verizon bill to bypass cable franchise requirements gets held over
The Richmond paper reported here that the legislature will not pass in this session legislation proposed by Verizon that would allow it to provide cable television services without going through the normal franchising process. In some places in Virginia, Verizon has applied for a traditional franchise.
Gay marriage amendment tied to fears about Virginia judges
The Washington Times says here that supporters of the gay marriage amendment to the Virginia Constitution "fear Virginia judges will be as liberal as those in Massachusetts."
Well, you knew somebody was going to say that. In this Balkinization post, Balkin explains yet again how the strategy of litigation over gay marriage - with the New York case being the latest ruling - is not to be preferred over a strategy of achieving results through the legislature. He's probably right, in the sense that any court decisions in favor of same-sex marriage will cause an escalating counter-reaction - to the detriment, really, of the justice system in general and judicial independence in particular.
When the members of the Virginia Supreme Court are next up for reappointment, will they be asked questions about their ruling in the fornication case and what they think about same-sex issues? I'm guessing that they will. I'm guessing that every judge up for appointment or reappointment at every level in every state will be asked those kinds of questions, for the foreseeable future. And, probably, that's a shame.
Well, you knew somebody was going to say that. In this Balkinization post, Balkin explains yet again how the strategy of litigation over gay marriage - with the New York case being the latest ruling - is not to be preferred over a strategy of achieving results through the legislature. He's probably right, in the sense that any court decisions in favor of same-sex marriage will cause an escalating counter-reaction - to the detriment, really, of the justice system in general and judicial independence in particular.
When the members of the Virginia Supreme Court are next up for reappointment, will they be asked questions about their ruling in the fornication case and what they think about same-sex issues? I'm guessing that they will. I'm guessing that every judge up for appointment or reappointment at every level in every state will be asked those kinds of questions, for the foreseeable future. And, probably, that's a shame.
Proposed amendments to Virginia's fence law tied to Caroline county murder case
The Richmond paper reports here on proposed amendments to the fence law of Virginia, which allows landowners to stick others with the costs of their fence. The article notes that the Caroline County murder case was the end of a dispute between adjacent landowners over payment for a fence.
Fourth Circuit hears the case of the Wiccan against Chesterfield County
The Richmond paper had this article on oral argument before the Fourth Circuit in the case of the Wiccan who sued to get on the list to give the opening prayer at Board of Supervisors meetings. (Incredibly, the article does not say who were the judges on the panel - further evidence that nobody at the Richmond paper reads this blog.)
The office of the County Attorney for Chesterfield has seven lawyers, including two who were at William & Mary law school while I was there. They get more than their share of interesting cases.
The office of the County Attorney for Chesterfield has seven lawyers, including two who were at William & Mary law school while I was there. They get more than their share of interesting cases.
Count me among the 14,000
I really enjoyed this article about the $1 million donation to U.Va. by Professor Sabato.
Wise County as possible pilot site for e-filing program in Virginia state court
The Coalfield Progress reports here and here on those who want to have electronic filing in the Circuit Court of Wise County.
Lately, I've heard that some other local judges passed on an invitation to apply to become one of the rural test jurisdictions for this program, and also some big-firm lawyers from other states have told me a few horror stories about e-filing in their home jurisdictions.
Lately, I've heard that some other local judges passed on an invitation to apply to become one of the rural test jurisdictions for this program, and also some big-firm lawyers from other states have told me a few horror stories about e-filing in their home jurisdictions.
I-81 problems mostly hype?
This VDOT study says, as I read it, that Interstate 81 is not in bad shape - yet. Among other things, the overall average speed is 69 mph, more than the speed limit anywhere in Virginia. The "weighted crash score" (whatever that means) for Interstate 81 is lower than the statewide average for interstate travel - the other interstates being 64, 66, 77, 85, and 95.
I drove up to Harrisonburg on Thursday and back on Friday and there were not too many tense moments. Way back when, I drove frequently from Williamsburg to McLean, and once you got to Fredericksburg, it was just a free-for-all. The big trick in driving on interstate out here in the hills is figuring out how to get out of the way of the trucks blasting down the downslopes.
I drove up to Harrisonburg on Thursday and back on Friday and there were not too many tense moments. Way back when, I drove frequently from Williamsburg to McLean, and once you got to Fredericksburg, it was just a free-for-all. The big trick in driving on interstate out here in the hills is figuring out how to get out of the way of the trucks blasting down the downslopes.
The difference between a but for instruction and a motivating factor instruction
In a Title VII retaliation case, the Fifth Circuit has held that using the "lower standard" on causation of "motivating factor" instead of "but for" is reversible error, according to this Jottings post. The case is here.
Golly, I've argued that before, but I can't remember the circumstance.
Golly, I've argued that before, but I can't remember the circumstance.
Would it have made a difference if the guy was a lawyer in the Martin case?
According to this post, a Philly judge has ruled that the plaintiffs suing lawyers for bad legal advice are not barred by the illegality of the conduct they undertook based on the bad advice, as sort of a public policy exception to the illegality defense.
ACSBlog cites Judge Wilkinson
The mostly liberal ACSblog in this post quotes Judge Wilkinson's dissent in Humphries v. Ozmint.
In the Humphries case, the dissenters were Wilkinson, Michael, Gregory, and Duncan, not the likeliest of combinations (or the unlikeliest).
In the Humphries case, the dissenters were Wilkinson, Michael, Gregory, and Duncan, not the likeliest of combinations (or the unlikeliest).
Wednesday, February 02, 2005
Municipality not liable under section 1983 for euthanasia of 80 dogs and a bunch of cats
In Bogart v. Chapell, the Fourth Circuit in an opinion by Judge King, joined by District Judge Flanagan from North Carolina, with Judge Williams dissenting, held that the South Carolina plaintiff had no procedural due process claim for the destruction of her property interest in her overcrowded bunch of cats and dogs without some kind of pre-deprivation hearing, because the loss was the result of random and unauthorized activity, as it was contrary to state law, and the government affords the plaintiff a post-deprivation remedy in the form of some kind of money damages claim.
Judge Williams dissented, claiming that the outcome was determined by two prior Fourth Circuit opinions involving the Parratt/Hudson/Zinermon line of cases dealing with the question of what is random and unauthorized.
I think Judge Williams has got the better of it, although it would be nice if the defendants could say, oops, this was unauthorized, so we can't be liable. Perhaps I am confusing Parratt with the requirements of Monell, for custom, policy, or practice, but I don't think in either issue can the locality inevitably defend by claiming we have a policy against constitutional violations.
Judge Williams dissented, claiming that the outcome was determined by two prior Fourth Circuit opinions involving the Parratt/Hudson/Zinermon line of cases dealing with the question of what is random and unauthorized.
I think Judge Williams has got the better of it, although it would be nice if the defendants could say, oops, this was unauthorized, so we can't be liable. Perhaps I am confusing Parratt with the requirements of Monell, for custom, policy, or practice, but I don't think in either issue can the locality inevitably defend by claiming we have a policy against constitutional violations.
Former judge Starr gets the Fourth Circuit treatment
This article about an appearance by former appeals court judge Kenneth Starr before the Fourth Circuit says: "Afterward, the justices stepped down from the bench and shook hands with Starr and Baldwin. One of the judges approached Starr and asked the California resident, 'Where's your tan?''
The Fourth Circuit, notably among all the courts everywhere, greets every lawyer after every argument. I've asked around and no one has ever told me that any other court does precisely that.
TalkLeft has this post.
The Fourth Circuit, notably among all the courts everywhere, greets every lawyer after every argument. I've asked around and no one has ever told me that any other court does precisely that.
TalkLeft has this post.
Mendota trail project stalled in litigation
The Kingsport paper reports here ("Lawsuits stall development of Mendota Trail project," 2/2/05) that the rail-to-trail project at Mendota has been stalled in litigation, and trail advocates have a new website.
Church split statute riles national denominations
SB 1305 changes Virginia law with respect to the property of churches that are part of national denominations, supposedly in a way that helps the locals keep the property if they split from the big church. The Washington Post has this article with the response of the big denominations and other opponents of the bill.
What I can't figure is whether this statute would have some impact on independent country churches, currently I think it does not, but they have property disputes like everyone else.
What I can't figure is whether this statute would have some impact on independent country churches, currently I think it does not, but they have property disputes like everyone else.
Culpeper jury awards $50 million in sexual assault case
The Richmond paper reports here ("Jury awards $50 million in teen's sexual assault," 2/1/05) that a Virginia state court jury awarded $50 million in a sexual assault civil case brought against a man by a young woman who was victimized when she worked for him as a babysitter.
Zoning case lost in Virginia Supreme Court, brick plant closes down
The Charlottesville paper reports here ("Stung by loss, General Shale to close plant," 2/1/05): "Embattled brick-maker General Shale will close its Somerset operation in the wake of a Supreme Court ruling that thwarted its bid to mine elsewhere in Orange County."
Domestic asault and bettery
In Cowell v. Com., the Court of Appeals in an unpublished opinion affirmed the defendant's conviction under Va. Code 18.2-57.2, and stated in a footnote: "We note that the sentencing order erroneously recites that the felony offense of 'domestic asault [sic] and bettery [sic] (third offense)' is a violation of Code § '18.2-57.21 [sic].'"
Chief Judge Jones allows outside evidence in ERISA case
In Smith v. The Prudential Ins. Co. of America, a dispute over life insurance benefits under an ERISA plan, Chief Judge Jones decided to deny summary judgment to allow for consideration of additional evidence, beyond what was available to the plan administrator when it made its decision to deny benefits.
Police officer gets qualified immunity for warrantless search and seizure
In St. Clair v. Town of Rocky Mount, Judge Conrad granted the motions for summary judgment of the individual police officer and the town, in a case where a man claimed that he was the victim of an illegal search and seizure. The plaintiff's girlfriend came to police and said he had verbally abused and pushed and thrown a flower pot at her, and she wanted a police escort to the house to retrieve her things. The police met the plaintiff at the property and handcuffed him for ten minutes while the woman went into the house, to which she had a key, and where she had been living (so far as the police knew).
Another retaliation claim survives summary judgment
In Bowen v. Tempur Production USA, Inc., Chief Judge Jones granted partial summary judgment for the employer in a Title VII case, but allowed the case to go forward on the retaliation claim.
The opinion says: "Indeed, some evidence indicates management may have decided to fire Bowen as early as June 3, 2003, just two weeks after she first complained to a supervisor." Ouch.
The opinion says: "Indeed, some evidence indicates management may have decided to fire Bowen as early as June 3, 2003, just two weeks after she first complained to a supervisor." Ouch.
Tuesday, February 01, 2005
NLU stops making sense
Here is a post commemorating the greatest post ever on Notes from the Legal Underground.
Psycho blogger, qu'est que c'est.
Psycho blogger, qu'est que c'est.
Man out on bond not in custody of court for purposes of escape statute
In Davis v. Com., the Court of Appeals in an opinion by Chief Judge Fitzpatrick joined by Judges Bumgardner and Frank overturned a decision by Judge Campbell of Grayson County and concluded that the defendant while he was out on bond awaiting sentence was not in the custody of the court for purposes of Va. Code 18.2-479(B).
Parental leave for school involvement?
SB 713 is a proposal that parents would require the following:
"Every employer shall allow each person employed by him in connection with any business or service, which person is a parent, guardian, or person standing in loco parentis of a school-aged child, at least four hours leave annually so that the employee may attend or otherwise be involved at that child's school."
The bill also gives a cause of action for employees against whom employers retaliate for exercising their leave rights under the new statute.
"Every employer shall allow each person employed by him in connection with any business or service, which person is a parent, guardian, or person standing in loco parentis of a school-aged child, at least four hours leave annually so that the employee may attend or otherwise be involved at that child's school."
The bill also gives a cause of action for employees against whom employers retaliate for exercising their leave rights under the new statute.
Senate bill for new judge in 28th Circuit gets through second Senate committee
It says here that the bill to approve another judgeship for the 28th Circuit has now made it through the Senate Finance committee. Previously, it passed through the Senate Committee for Courts and Justice. On the House side, the parallel bill has made it through Courts of Justice to the Compensation & General Government subcommittee of the Appropriations Committee, which includes Dels. Tata (Chairman), Putney, Ingram, May, Wardrup, Scott, J.M., and Joannou.
Bill to stop the Interstate 81 project
The Augusta Free Press has this article on SB 1319, which would put a stop to the proposed truck lane expansion of Interstate 81 in Western Virginia.
Standard of review for factfinding based on documents
In U.S. v. Stevenson, Judge Niemeyer wrote the following:
"Because we can read Stevenson’s letter and draw inferences from it just as the district court did, Stevenson argues that we should review the district court’s finding with respect to the letter de novo, and not for clear error. The assumption underlying this argument is that an appellate court reviewing documentary evidence can make a factual finding as well as a district court can, and, to the extent that an appellate court draws an inference inconsistent with a finding of the district court, the appellate court should follow its own finding. The argument, of course, recognizes that appellate courts defer to district court findings when they are based on credibility because credibility can only be determined by the district court, which is in a position to observe witnesses.
It is indeed true that only the trial court can observe "the variations in demeanor and tone of voice that bear so heavily on the listener’s understanding of and belief in what is said," which is important to the determination of whether a witness is to be believed. Anderson, 470 U.S. at 575. But any assertion that this is the governing principle for appellate court deference to a district court’s factual findings is too limited and has been explicitly rejected by the Supreme Court. . . . It is well-established that even when findings of fact are not based on observations of credibility, but rather on undisputed evidence or on entirely documentary evidence, appellate courts must nonetheless defer to the trial court’s factfinding function."
"Because we can read Stevenson’s letter and draw inferences from it just as the district court did, Stevenson argues that we should review the district court’s finding with respect to the letter de novo, and not for clear error. The assumption underlying this argument is that an appellate court reviewing documentary evidence can make a factual finding as well as a district court can, and, to the extent that an appellate court draws an inference inconsistent with a finding of the district court, the appellate court should follow its own finding. The argument, of course, recognizes that appellate courts defer to district court findings when they are based on credibility because credibility can only be determined by the district court, which is in a position to observe witnesses.
It is indeed true that only the trial court can observe "the variations in demeanor and tone of voice that bear so heavily on the listener’s understanding of and belief in what is said," which is important to the determination of whether a witness is to be believed. Anderson, 470 U.S. at 575. But any assertion that this is the governing principle for appellate court deference to a district court’s factual findings is too limited and has been explicitly rejected by the Supreme Court. . . . It is well-established that even when findings of fact are not based on observations of credibility, but rather on undisputed evidence or on entirely documentary evidence, appellate courts must nonetheless defer to the trial court’s factfinding function."
Latest appeal in the Atkins case
The Daily Press reports here that in the ongoing case of Daryl Atkins, the defense lawyers are trying to get an immediate appeal of the trial court's ruling that on a retrial of the issue of whether or not he is retarded, the court will tell the jury that Mr. Atkins has been convicted of murder and is sentenced to death.
Monday, January 31, 2005
The King and Abe Lincoln
If the Baconblog lives to be 100, it will never catch my attention with anything better than this headline: Was Elvis a Melungeon?. The complete story says Elvis, Abraham Lincoln, and Ava Gardner were probably Melungeons.
I get a lot of hits on the blog from strange Google queries involving Melungeons.
I get a lot of hits on the blog from strange Google queries involving Melungeons.
Get out of the liquor business
One time when we were down at Hilton Head, a woman with a British accent came up to me in the grocery store (that big one with the good sandwiches, I don't remember the name) and she asked where was the liquor. (Why she chose me as likely to know the answer, I couldn't say.) I tried to explain to her that in fact, the only liquor sold in the state was through the state-run stores, of which there was one nearby. Why would that be, she asked, not knowing that everyone in the U.S. is an historian and constitutional scholar. I think it has something to do with the constitutional amendment that undid Prohibition, which amendment gave broad powers over liquor to the states, I replied. (Every detail struck her as more and more bizarre. "Prohibition?" she wondered.)
Here Waldo comments on legislation that made it out of committee that would get the Commonwealth out of the liquor business.
Here Waldo comments on legislation that made it out of committee that would get the Commonwealth out of the liquor business.
Street preacher caught neither betwixt nor between
In Moore v. City of Asheville, the Fourth Circuit in an opinion by Niemeyer, joined by Judges Luttig and King, held that the plaintiff street preacher nabbed in Asheville could not sue under section 1983 to overturn the state administrative proceedings, which he had failed to appeal, affirming the district court's determination to abstain from interfering with the state proceedings.
The Court did allow that the abstention doctrine would not apply to a suit for wholly prospective relief from the application of the city ordinances challenged by the plaintiff.
The Court did allow that the abstention doctrine would not apply to a suit for wholly prospective relief from the application of the city ordinances challenged by the plaintiff.
Federal question jurisdiction in a dispute covered by arbitration clause
In Discover Bank v. Vaden, the Fourth Circuit in an opinion by Judge Wilkinson held that "[a] federal court may . . . hear a § 4 [of the Federal Arbitration Act] petition to compel arbitration if, but for the arbitration agreement, subject matter jurisdiction over the case would otherwise exist by virtue of a properly invoked federal question in the underlying dispute."
Roanoke and Norfolk papers say pay court-appointed lawyers more, in fact pay everybody more
In this editorial, the Roanoke Times says the legislature should pay more for court-appointed attorneys in criminal cases, and while they're at it, every thing else. The editorial says: "The pending legislation happens to require funding for the criminal justice system, but the demand could just as well be for roads, mental health, the environment or the arts."
In this editorial, the Norfolk paper jumps on board, and gives Attorney General candidate Bob McDonnell some credit for his proposals in this area.
In this editorial, the Norfolk paper jumps on board, and gives Attorney General candidate Bob McDonnell some credit for his proposals in this area.
Sunday, January 30, 2005
A few interesting cases
In this story about the retirement who has worked in the General District Court clerk's office in Albemarle County for 28 years are mentioned: "the case of the bull who wandered into a neighbor's swimming pool" and "the man who was sued for eating more than his allotment of a shared hog."
First black judge in Arlington County, Howard law graduate, dies at 80
The Washington Post has this interesting story on the life and times of Judge Thomas Randolph Monroe, who served Arlington County as a judge from 1972 to 1993.
The obituary says in part:
"Born in the Eastern Shore's Northampton County, near Cape Charles, Va., Judge Monroe worked as a caddy at a whites-only golf course and was a star center fielder for the town's baseball team. He graduated from Johnson C. Smith University in Charlotte and served as a sergeant in the Army in the Pacific and European theaters during World War II. He received his law degree from Howard University in 1951 and set up a private law practice in Arlington the next year.
He practiced law for 20 years and quickly established himself as a civic leader, serving as president of the Arlington chapter of the NAACP in 1955 and circulating a petition to desegregate Arlington's schools. Into the early 1970s, he stayed in the struggle, joining a group of parents whose children attended the all-black Drew Elementary School in a desegregation suit against the county."
The obituary says in part:
"Born in the Eastern Shore's Northampton County, near Cape Charles, Va., Judge Monroe worked as a caddy at a whites-only golf course and was a star center fielder for the town's baseball team. He graduated from Johnson C. Smith University in Charlotte and served as a sergeant in the Army in the Pacific and European theaters during World War II. He received his law degree from Howard University in 1951 and set up a private law practice in Arlington the next year.
He practiced law for 20 years and quickly established himself as a civic leader, serving as president of the Arlington chapter of the NAACP in 1955 and circulating a petition to desegregate Arlington's schools. Into the early 1970s, he stayed in the struggle, joining a group of parents whose children attended the all-black Drew Elementary School in a desegregation suit against the county."
Extra value from having prisons in Wise County
This commentary from the Roanoke paper says that the census figures credit Wise County with the inmate population of the penitentiaries there, which means more government money from the state and federal government based on population.
The commentary cites a study from the Brennan Center at NYU Law School, Incarcerated People and the Census: Painting a Distorted Picture of Virginia, which even has a color picture of the prison at Wallens Ridge on the cover.
The commentary cites a study from the Brennan Center at NYU Law School, Incarcerated People and the Census: Painting a Distorted Picture of Virginia, which even has a color picture of the prison at Wallens Ridge on the cover.
Proposal cuts attorney fees, limits substantive provisions, of Virginia Consumer Protection Act
Hugh Lessig of the Daily Press has this account of proposed amendments to limit attorneys' fees and punitive damages under and carve out some exceptions to the substantive scope of the Virginia Consumer Protection Act, contained in SB 912, a bill proposed by Senator Norment from Williamsburg.
Another Judy Jagdmann story
The Kingsport paper has this mostly-fun story about the next Attorney General of Virginia, who will be sworn in this week by her father, who is quoted at some length in the article.
The article says that Judge Williams was so excited when he learned of Ms. Jagdmann's confirmation that he picked up the tab for his colleagues. I interpret this to mean that he ordered peach cobbler for everyone.
The article says that Judge Williams was so excited when he learned of Ms. Jagdmann's confirmation that he picked up the tab for his colleagues. I interpret this to mean that he ordered peach cobbler for everyone.
The post-Booker thinking of the U.S. attorney for the E.D. Va.
Professor Berman has this post about a speech given by the U.S. Attorney for the Eastern District of Virginia, with his ideas about the effects of Booker and Fan Fan and what he thinks the Congress should do about it.
One interesting point was that the E.D. Va. judges had stuck within in the guidelines in all but one of 20+ sentencings since the Supreme Court cases came down, with the one sentence below the guidelines.
Professor Berman concludes regarding one of the points made that the Department of Justice does not merely want mandatory guidelines, it wants mandatory guidelines without having to meet its burden of proof before juries.
In many ways, this entire discussion is strange to me. In state court in Virginia, it is my impression that the defendants plead guilty to get the benefit of the guidelines and to avoid the indefiniteness of sentencing by the juries, which have been known from time to time to really stick it to drug dealers and such.
One interesting point was that the E.D. Va. judges had stuck within in the guidelines in all but one of 20+ sentencings since the Supreme Court cases came down, with the one sentence below the guidelines.
Professor Berman concludes regarding one of the points made that the Department of Justice does not merely want mandatory guidelines, it wants mandatory guidelines without having to meet its burden of proof before juries.
In many ways, this entire discussion is strange to me. In state court in Virginia, it is my impression that the defendants plead guilty to get the benefit of the guidelines and to avoid the indefiniteness of sentencing by the juries, which have been known from time to time to really stick it to drug dealers and such.
Stuff that I thought was interesting on Iraqi Election Day
Last night I'm watching Fox News (yeah, yeah), and they've got this fellow who was a former hostage over there, a truck driver from Mississippi or some such, and he winds debating the propriety of Sen. Kennedy's call for troop withdrawal with Jesse Jackson, and he managed to get the upper hand, even though Jackson started out with some memorable things to say about what it was like when he got to vote for the first time in the 1960s. I'm not too sure how far you can go an analogy between the effect of the Voting Rights Act for black Americans in the 1960s and this weekend's vote in Iraq, but the Rev. Jackson seemed to be saying the Iraqis just aren't worth it and the Southern man was saying, no, we need to help these people, for their sake and ours.
This was all very ironic and interesting, but once I saw who was winning I clicked back to the Golf Channel, for an important replay of old dudes playing golf in the mists of Hawaii, the superficial fellow that I am.
When I went to vote back in November, I had some reasons, but none of them were as compelling as whatever made those Iraqis run the gauntlet to be counted over there this weekend. I understand (via Instapundit) that already the voting has resulted in some shifting goalposts (which seems like a perilous phrase for either side when talking about Iraq).
But, if you were looking for reasons for the vote in November, a lot of what bummed people out about Kerry is described in this Althouse post about his appearance today on Meet the Press. (There's a lot more to Prof. Althouse besides the new car.)
This was all very ironic and interesting, but once I saw who was winning I clicked back to the Golf Channel, for an important replay of old dudes playing golf in the mists of Hawaii, the superficial fellow that I am.
When I went to vote back in November, I had some reasons, but none of them were as compelling as whatever made those Iraqis run the gauntlet to be counted over there this weekend. I understand (via Instapundit) that already the voting has resulted in some shifting goalposts (which seems like a perilous phrase for either side when talking about Iraq).
But, if you were looking for reasons for the vote in November, a lot of what bummed people out about Kerry is described in this Althouse post about his appearance today on Meet the Press. (There's a lot more to Prof. Althouse besides the new car.)
That Carolina game, ouch
In this post, Dave Sez sums up the horror of today's Virginia basketball game.
The last time I watched the Tarheels play in Charlottesville, they were ranked No. 1, and lost to the Cavaliers in January 1986, in what was probably the most satisfying basketball game I ever saw anywhere except for U.Va. beating Roy Williams and the Kansas Jayhawks when I was in Kansas City in 1995 (and Conestoga Valley beating #1 Carlisle and Jeff Lebo at the Pennsylvania State Farm Show Arena in 1983).
The last time I watched the Tarheels play in Charlottesville, they were ranked No. 1, and lost to the Cavaliers in January 1986, in what was probably the most satisfying basketball game I ever saw anywhere except for U.Va. beating Roy Williams and the Kansas Jayhawks when I was in Kansas City in 1995 (and Conestoga Valley beating #1 Carlisle and Jeff Lebo at the Pennsylvania State Farm Show Arena in 1983).
Subscribe to:
Posts (Atom)