Here it is reported:
"During George Allen's unsuccessful 2006 Senate re-election campaign, the Virginia Republican was accused of failing to tell Congress about $1.1 million in stock options.
Those charges have now been dismissed, and a political communications specialist said Tuesday the outcome was a sign that "the media do not do a good enough job" investigating the allegations in the first place.
"There are many different types of media bias, not all of it left or right or ideological per se," Robert Denton, Jr., director of the W. Thomas Rice Center for Leader Development at Virginia Polytechnic Institute and State University in Blacksburg, told Cybercast News Service."
Thursday, March 01, 2007
Anna Nicole's case and the tipsy coachman
Wednesday, February 28, 2007
More fiddling
People tell me that the local Republicans were unable to agree on a candidate to succeed Judge Williams in the 29th Circuit, and now no one knows whether the General Assembly still can act or whether Governor Kaine will get to fill the vacant judgeship on an interim basis. The Constitution says: "The General Assembly shall reconvene on the sixth Wednesday after adjournment of each regular or special session for the purpose of considering bills which may have been returned by the Governor with recommendations for their amendment and bills and items of appropriation bills which may have been returned by the Governor with his objections. No other business shall be considered at a reconvened session." Article IV, Section 6.
If Governor Kaine makes the decision, the recess appointment lasts only until next year. Nevertheless, if history is any guide, some of Governor Allen's recess appointees were reappointed way back when, including Justice Kinser, whose initial appointment fell to the governor "because of a partisan deadlock in the General Assembly," according to Virginia Lawyers Weekly of April 28, 1997.
I can imagine some of my Democrat lawyer friends in the 29th Circuit rubbing their hands together.
If Governor Kaine makes the decision, the recess appointment lasts only until next year. Nevertheless, if history is any guide, some of Governor Allen's recess appointees were reappointed way back when, including Justice Kinser, whose initial appointment fell to the governor "because of a partisan deadlock in the General Assembly," according to Virginia Lawyers Weekly of April 28, 1997.
I can imagine some of my Democrat lawyer friends in the 29th Circuit rubbing their hands together.
Can same sex couples cohabitate in a situation analogous to marriage?
In Stroud v. Stroud, the Court of Appeals in an opinion by Judge Haley reversed Judge Keith from Fairfax County on the issues of "(1) whether the evidence compels the conclusion that the terms of a property settlement agreement ('PSA') terminating spousal support upon 'cohabitation with any person . . . in a situation analogous to marriage' have been met, and (2) if so, whether such a clause involving a relationship among persons of the same sex is operative as a matter of law in Virginia."
The trial court ruled: "in Virginia, where marriage between persons of the same sex is barred -- 'cohabit' has to mean between people of the opposite sex . . . as a matter of law, in Virginia, people of the same sex cannot cohabit, and that's how the PSA was written."
In this article about the case, one commentator said: "The legislature certainly does not recognize same-sex relationships as anything--they don't even recognize the capacity of same-sex couples to contract. . . . So the fact that a court is saying a relationship between same-sex couples can be analogous to marriage is important."
Over at Waldo's blog, I offered this comment:
The marriage amendment, Art. I, section 15-A of the Constitution is not mentioned in the opinion, probably because the case predates the effective date of the amendment.
The double irony is that (a) the contract at issue here is a contract between a man and a woman, and (b) the person in the same-sex relationship was the one trying to use the statutory same-sex marriage ban as a shield against the enforcement of the contract. The court ruled the contract between the man and the woman is enforceable and the same-sex marriage ban is irrelevant. Probably that is a sound and unremarkable result, so much so that it is difficult to see how it would contribute to the evolution of the law toward the legal recognition of same-sex couples’ rights which Waldo has been predicting for some time.
When someone like Robyn sues claiming some kind of common law entitled to someone like Ms. Stroud’s stuff, that’s when heads will explode.
The trial court ruled: "in Virginia, where marriage between persons of the same sex is barred -- 'cohabit' has to mean between people of the opposite sex . . . as a matter of law, in Virginia, people of the same sex cannot cohabit, and that's how the PSA was written."
In this article about the case, one commentator said: "The legislature certainly does not recognize same-sex relationships as anything--they don't even recognize the capacity of same-sex couples to contract. . . . So the fact that a court is saying a relationship between same-sex couples can be analogous to marriage is important."
Over at Waldo's blog, I offered this comment:
The marriage amendment, Art. I, section 15-A of the Constitution is not mentioned in the opinion, probably because the case predates the effective date of the amendment.
The double irony is that (a) the contract at issue here is a contract between a man and a woman, and (b) the person in the same-sex relationship was the one trying to use the statutory same-sex marriage ban as a shield against the enforcement of the contract. The court ruled the contract between the man and the woman is enforceable and the same-sex marriage ban is irrelevant. Probably that is a sound and unremarkable result, so much so that it is difficult to see how it would contribute to the evolution of the law toward the legal recognition of same-sex couples’ rights which Waldo has been predicting for some time.
When someone like Robyn sues claiming some kind of common law entitled to someone like Ms. Stroud’s stuff, that’s when heads will explode.
Bunch of interesting stuff
This article from the Charlottesville paper says: "The Supreme Court of Virginia has denied an appeal to a one-time political candidate who pressed his belief that a right to campaign should spare him from his trespassing arrest at an Albemarle County shopping center." Also on candidates, the Roanoke paper editorializes that the Commonwealth should make the price of running for office lower, so anyone could run for office.
In land use matters, the County Attorney in Christiansburg is advising against a county ordinance outlawing the proposed intermodal freight facility, which might be pretty good advice. Also, the Lynchburg paper reports here that the U.S. Department of Justice is no longer investigating whether a zoning fuss over the Cowboy Church in Bedford County implicates federal religious land use protections.
Also, speaking of church controversies, the Episcopal News Service reports here that the Episcopalians are still going to litigate over their property in Virginia. As for the old chapel in Williamsburg, the Wren Cross matter might cost the College $12 million, according to this report. Maybe they can make it up with money from Philip Morris - this post says U.Va. has just "announced its acceptance of a $25 million gift from cigarette maker Philip Morris, to support biomedical research and 'business leadership.'" Also, the lawyer for the ex-priest accused of being married and being an embezzler was not actually married, according to his lawyer, as reported here in the Richmond paper.
More lawyers are jumping on the gravy train in West Virginia, as it is now being reported: "Lawsuits similar to the case against Chesapeake Energy Corp. and NiSource Inc. that resulted in a $404.3 million jury verdict have been filed against two other big West Virginia natural gas producers." I thought the earlier case was mostly about whether some funky below-market financing deals could be considered in calculating the price on which royalties, but maybe they're not as funky as I thought. Speaking of gas, it says here that the cheapest gasoline in the U.S. is in Virginia.
From who knows where, this article describes a case where the defense lawyer "has called into question the judge, the police chief and now wants to subpoena a police dog as a exhibit in the case." Similarly, in Mississippi, State Farm may have some dog cases, and they are trying to boot the federal judge who has been dealing with their proposed settlement with Katrina victims, since he himself is a Katrina victim, according to this report.
In land use matters, the County Attorney in Christiansburg is advising against a county ordinance outlawing the proposed intermodal freight facility, which might be pretty good advice. Also, the Lynchburg paper reports here that the U.S. Department of Justice is no longer investigating whether a zoning fuss over the Cowboy Church in Bedford County implicates federal religious land use protections.
Also, speaking of church controversies, the Episcopal News Service reports here that the Episcopalians are still going to litigate over their property in Virginia. As for the old chapel in Williamsburg, the Wren Cross matter might cost the College $12 million, according to this report. Maybe they can make it up with money from Philip Morris - this post says U.Va. has just "announced its acceptance of a $25 million gift from cigarette maker Philip Morris, to support biomedical research and 'business leadership.'" Also, the lawyer for the ex-priest accused of being married and being an embezzler was not actually married, according to his lawyer, as reported here in the Richmond paper.
More lawyers are jumping on the gravy train in West Virginia, as it is now being reported: "Lawsuits similar to the case against Chesapeake Energy Corp. and NiSource Inc. that resulted in a $404.3 million jury verdict have been filed against two other big West Virginia natural gas producers." I thought the earlier case was mostly about whether some funky below-market financing deals could be considered in calculating the price on which royalties, but maybe they're not as funky as I thought. Speaking of gas, it says here that the cheapest gasoline in the U.S. is in Virginia.
From who knows where, this article describes a case where the defense lawyer "has called into question the judge, the police chief and now wants to subpoena a police dog as a exhibit in the case." Similarly, in Mississippi, State Farm may have some dog cases, and they are trying to boot the federal judge who has been dealing with their proposed settlement with Katrina victims, since he himself is a Katrina victim, according to this report.
Sunday, February 25, 2007
Gender bias in the Supreme Court?
This post includes the abstract of an article which concludes that litigants with more women on their litigation team do less well before the United States Supreme Court: "Our findings suggest that litigation teams that have a higher proportion of female attorneys are less likely to win before the Court. In addition, this bias appears to be highly conditional on judicial ideology. Conservative jurists are more likely than liberal jurists to vote against litigation teams with a higher proportion of women."
I'm not sure that understand what they're saying, that the judges discriminate against the women lawyers, or that the women lawyers discriminate in the kinds of matters they bring before the the Court, or that the lawyers who litigate certain kinds of matters keep women off their teams.
I'm not sure that understand what they're saying, that the judges discriminate against the women lawyers, or that the women lawyers discriminate in the kinds of matters they bring before the the Court, or that the lawyers who litigate certain kinds of matters keep women off their teams.
More discussion on the HPV vaccine
This news story says that there have been complications associated with the new vaccine, and that the opt-out provision for parents is applies to all childhood vaccines or none - two points I had not heard.
Also, in the article, some nurse is quoting as saying that the vaccine must be safe and effective or it would never have been approved. That's only partly true. The available evidence can change over time.
This story talks about the cost of the vaccine.
This story cites polling data that 80% of mothers with teen-aged daughters support the vaccine, or something like that.
Also, in the article, some nurse is quoting as saying that the vaccine must be safe and effective or it would never have been approved. That's only partly true. The available evidence can change over time.
This story talks about the cost of the vaccine.
This story cites polling data that 80% of mothers with teen-aged daughters support the vaccine, or something like that.
The new law against expulsion of suicidal college students
The General Assembly passed a bill this year that provides, among other things: "The governing boards of each public institution of higher education shall develop and implement policies that advise students, faculty, and staff, including residence hall staff, of the proper procedures for identifying and addressing the needs of students exhibiting suicidal tendencies or behavior. The policies shall ensure that no student is penalized or expelled solely for attempting to commit suicide, or seeking mental health treatment for suicidal thoughts or behaviors."
U.Va. study says older witnesses less reliable
According to this story, "A University of Virginia study suggests that older adults are not only more inclined than younger adults to make errors in recollecting details that have been suggested to them, but are also more likely than younger people to have a very high level of confidence in their recollections, even when wrong, according to a press release. The finding has implications regarding the reliability of older persons' eyewitness testimonies in courtrooms."
Over in West Virginia, "After faulty eyewitness identifications helped send at least 146 innocent people to prison nationwide -- including three in West Virginia -- in the last decade, the Senate Judiciary Committee endorsed a proposal Thursday to increase the practice's accuracy."
Over in West Virginia, "After faulty eyewitness identifications helped send at least 146 innocent people to prison nationwide -- including three in West Virginia -- in the last decade, the Senate Judiciary Committee endorsed a proposal Thursday to increase the practice's accuracy."
What he said
In this post, Milbarge of BTQ takes on an excellent movie, The Best Years of Our Lives. I agree with Milbarge, if you've never seen this movie, make time for it.
More judges
Besides Cheryl Higgins in Albemarle, on Friday, the General Assembly approved two for general district court and one for juvenile court:
Paul W. Cella, of Powhatan, as a judge of the Eleventh Judicial District for a term of six years commencing August 1, 2007.
Sarah L. Deneke, of Stafford, as a judge of the Fifteenth Judicial District for a term of six years commencing April 1, 2007.
Phillip U. Fines, of Spotsylvania, as a judge of the Fifteenth Judicial District for a term of six years commencing July 1, 2007.
In this article, the Fredericksburg paper notes that Deneke and Fines are both prosecutors.
This story says a Republican delegate is refusing to act on a judicial position where his sister is a candidate for the job, with the result that the circuit court judges will have to pick some one.
Paul W. Cella, of Powhatan, as a judge of the Eleventh Judicial District for a term of six years commencing August 1, 2007.
Sarah L. Deneke, of Stafford, as a judge of the Fifteenth Judicial District for a term of six years commencing April 1, 2007.
Phillip U. Fines, of Spotsylvania, as a judge of the Fifteenth Judicial District for a term of six years commencing July 1, 2007.
In this article, the Fredericksburg paper notes that Deneke and Fines are both prosecutors.
This story says a Republican delegate is refusing to act on a judicial position where his sister is a candidate for the job, with the result that the circuit court judges will have to pick some one.
Friday, February 23, 2007
On punitive damages and statute of limitations
Initial questions in so many cases are whether the complaint was or can be timely filed and whether there can be a claim for punitive damages.
In Wallace v. Cato, the Supreme Court held that an inmate's claim for false arrest accrued at the time of his arrest, and not when the charges were dropped and he was released, notwithstanding the rule from Heck v. Humphrey, that you cannot sue related to an unlawful conviction or imprisonment until your conviction is overturned or dismissed.
In Philip Morris USA v. Williams, the Supreme Court in a split decision rejected the punitive damages award where it was based in part on acts toward other people besides those involved in the case.
Both of these opinions sort of sound right, and sort of sound wrong. The limitations case could mean the limitations period expires before the statute accrues. The punitive damages ruling means that only part of what makes bad conduct bad can be considered in assessing punitive damages. Those aspects seem kind of unusual.
In Wallace v. Cato, the Supreme Court held that an inmate's claim for false arrest accrued at the time of his arrest, and not when the charges were dropped and he was released, notwithstanding the rule from Heck v. Humphrey, that you cannot sue related to an unlawful conviction or imprisonment until your conviction is overturned or dismissed.
In Philip Morris USA v. Williams, the Supreme Court in a split decision rejected the punitive damages award where it was based in part on acts toward other people besides those involved in the case.
Both of these opinions sort of sound right, and sort of sound wrong. The limitations case could mean the limitations period expires before the statute accrues. The punitive damages ruling means that only part of what makes bad conduct bad can be considered in assessing punitive damages. Those aspects seem kind of unusual.
Thursday, February 22, 2007
Judge selection stories
The Lynchburg paper reports here: "The General Assembly today appointed F. Patrick Yeatts, a 37-year-old Lynchburg attorney, to serve as judge in Campbell County's General District Court." UPDATE: They also have this profile on Judge-to-be Yeatts.
The Charlottesville paper reports here: "Republican legislators have selected Cheryl V. Higgins to replace the retired Albemarle Circuit Judge Paul M. Peatross."
The Norfolk paper reports here: "Embattled Portsmouth Circuit Court Judge Dean W. Sword Jr. held on to his job Wednesday afternoon as the House of Delegates, after an emotional 45-minute debate, voted 54-39 to reject a motion to remove him from the bench." The same story notes: "Norfolk prosecutor Karen J. Burrell was named to the Circuit Court, and Lauri D. Hogge was named to the juvenile and domestic relations court."
The Fredericksburg paper reports here: "David H. Beck, currently a Juvenile and Domestic Relations Court judge, and Gordon F. Willis, currently a General District Court judge, were both elected to the 15th Judicial Circuit Court for eight-year terms."
The Charlottesville paper reports here: "Republican legislators have selected Cheryl V. Higgins to replace the retired Albemarle Circuit Judge Paul M. Peatross."
The Norfolk paper reports here: "Embattled Portsmouth Circuit Court Judge Dean W. Sword Jr. held on to his job Wednesday afternoon as the House of Delegates, after an emotional 45-minute debate, voted 54-39 to reject a motion to remove him from the bench." The same story notes: "Norfolk prosecutor Karen J. Burrell was named to the Circuit Court, and Lauri D. Hogge was named to the juvenile and domestic relations court."
The Fredericksburg paper reports here: "David H. Beck, currently a Juvenile and Domestic Relations Court judge, and Gordon F. Willis, currently a General District Court judge, were both elected to the 15th Judicial Circuit Court for eight-year terms."
On the new mandatory HPV law
This article says: "Virginia law guaranteeing parents' medical rights routed by mandatory HPV vaccination."
Why I park at the Corner to get to Scott Stadium
Here is a collection of responses to the question, what is your favorite spot on the Grounds of the University of Virginia. And, I think agree about all of answers.
If I had to pick a spot, I'd say the Pavilion gardens, nothing but good ever happened on those few occasions when I was inside the serpentine walls, right up to and including the diploma ceremony for Philosophy majors on Graduation Day.
If I had to pick a spot, I'd say the Pavilion gardens, nothing but good ever happened on those few occasions when I was inside the serpentine walls, right up to and including the diploma ceremony for Philosophy majors on Graduation Day.
Wednesday, February 21, 2007
Barnie Day on Barnie Day
Read this.
A good man, Barnie Day is.
(I got there via this post from Alton, who was the first to solve the Code in Notes from the Sausage Factory.)
A good man, Barnie Day is.
(I got there via this post from Alton, who was the first to solve the Code in Notes from the Sausage Factory.)
Today's stuff
The Daily Press writes here of the life and times of Newport News lawyer Herbert Kelly.
The Norfolk paper writes here of the former mayor of Suffolk facing disciplinary charges from the Virginia State Bar.
The Lynchburg paper reports here and the Charlottesville paper reports here on candidates for local judgeships. The Daily Progress describes a split between the delegates and the senators. As the Peninsula Law Blog has noted, today is the day when the judges get picked.
The House Appropriations Committee shot down the Senate bills approving additional judgeships for places including Southwest Virginia. Oh well.
In this story from Richmond.com, Del. Kilgore explains that a raise in the minimum wage could be bad for border counties in Southwest Virginia if Tennessee does not similarly change its law.
In this opinion piece, someone from the Community Environmental Legal Defense Fund declares that the Dillon Rule is folly. Another folly may be the efforts of the Community Environmental Legal Defense Fund to craft county ordinances in an effort to circumvent, trump, bypass, or overrule Virginia's state laws on biosolids. Their big idea about the non-rights of corporations - a topic on which Professor Bainbridge has some history in this post, including the comments. (Bainbridge is an old Bedford or Amherst County man himself, I believe - maybe he needs to weigh in on these issues more directly.)
The Washington Times wonders here why William & Mary President Nichols allowed a sex worker art exhibit, since that would probably make more people uncomfortable than the display of a cross in a chapel.
The Fredericksburg paper has this update on the McMissile mom, still behind bars, now because of an out-of-state warrant.
The Instapundit says we need to be killing more people, radical mullahs and such, and cites among other things a 1998 proposal from Virginia's own Senator Robb to have Saddam Hussein assassinated.
Here the Roanoke paper profiles "Southwest Virginia's first billionaire."
The Norfolk paper writes here of the former mayor of Suffolk facing disciplinary charges from the Virginia State Bar.
The Lynchburg paper reports here and the Charlottesville paper reports here on candidates for local judgeships. The Daily Progress describes a split between the delegates and the senators. As the Peninsula Law Blog has noted, today is the day when the judges get picked.
The House Appropriations Committee shot down the Senate bills approving additional judgeships for places including Southwest Virginia. Oh well.
In this story from Richmond.com, Del. Kilgore explains that a raise in the minimum wage could be bad for border counties in Southwest Virginia if Tennessee does not similarly change its law.
In this opinion piece, someone from the Community Environmental Legal Defense Fund declares that the Dillon Rule is folly. Another folly may be the efforts of the Community Environmental Legal Defense Fund to craft county ordinances in an effort to circumvent, trump, bypass, or overrule Virginia's state laws on biosolids. Their big idea about the non-rights of corporations - a topic on which Professor Bainbridge has some history in this post, including the comments. (Bainbridge is an old Bedford or Amherst County man himself, I believe - maybe he needs to weigh in on these issues more directly.)
The Washington Times wonders here why William & Mary President Nichols allowed a sex worker art exhibit, since that would probably make more people uncomfortable than the display of a cross in a chapel.
The Fredericksburg paper has this update on the McMissile mom, still behind bars, now because of an out-of-state warrant.
The Instapundit says we need to be killing more people, radical mullahs and such, and cites among other things a 1998 proposal from Virginia's own Senator Robb to have Saddam Hussein assassinated.
Here the Roanoke paper profiles "Southwest Virginia's first billionaire."
Tuesday, February 20, 2007
Not the 99 percent solution
Via Overlawyered, this post includes YouTube videos of advertisement from two Virginia law offices, in connection with a discussion of ethics in advertising.
Alternative view of alternative fuels
This slashing post rebuts the recent WSJ section on alternative energy, and makes it sound like those in the alternative fuel business are at heart nothing but a bunch of looters, in the sense used by Ayn Rand.
Sunday monkey vont tres bien ensemble
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