Wednesday, December 4, 2002 at 1:50PM Read Dahlia Lithwick's report on the oral arguments at the Supreme Court on this issue today. (Sometimes even I start to think that this blog is little more than a mirror site to Lithwick's Supreme Court reporting on Slate. But you've got to admit: She's good, baby. Damn good!) UPDATE: Read CNN's somewhat less amusing (but still interesting) report on the arguments here.
Wednesday, December 4, 2002 at 1:31PM The Contra Costa Times is running a relatively long article about the incident that quotes a professor who says the alleged victim sought her advice months before the scandal surfaced. You can read it here.
Wednesday, December 4, 2002 at 12:38PM A Federal District Court Judge in Chicago awarded $1 million in damages and $10 million in punitives each to 46 male college athletes who were secretly taped in their locker rooms, restrooms, and showers. The defendants were eight companies and three individuals who marketed the videos on the internet at sites advertising "hot younger dudes." ESPN is reporting on it here.
Tuesday, December 3, 2002 at 5:52PM The prosecution has asked for 3 years probation and $26k in restitution and fines at the sentencing hearing this Friday Dec. 6 on Winona Ryder's shoplifting conviction. The Sentencing Memorandum also reveals for the first time that Winona had eight (count 'em, eight!) different kinds of narcotic pain killers on her when arrested. (I personally require a maximum of only six pain killers, all labeled "Budweiser," even on bad days.) (Thanks to thesmokinggun for the link.)
Tuesday, December 3, 2002 at 4:37PM Musician George Michael was sued for slander by Los Angeles police officer Marcelo Rodriguez after Michael alleged that Rodriquez had entrapped him in Michael's 1998 arrest for lewd behavior in a Beverly Hills public restroom. Michael stated publicly that Rodriguez had "induced" him to misbehave because Rodriguez had exposed himself to and masturbated in front of Michael before Michael got nasty. The trial court dismissed the case for failure to state a claim, but now the Ninth Circuit says Officer Rodriguez can have his day in court. Justice Reinhardt dissents. (PDF format) (Cudos to How Appealing for the link.)
Tuesday, December 3, 2002 at 4:16PM In a ruling directly contradicting a recent California Court of Appeals decision (review denied by Cal. Supreme Court), the Ninth Circuit today said punitive damages for actions beyond a state's borders cannot be awarded by a state court, according to this article. You can read the Ninth Circuit's opinion in White v. Ford Motor Company here (PDF format).
Monday, December 2, 2002 at 5:14PM This promises to get uglier before it gets better. Read about the spinning here. I do not envy the man or woman who winds up with that job. UPDATE: "Legal Experts Stunned."
Monday, December 2, 2002 at 1:41PM The Supreme Court today agreed to review two cases raising important social issues. The first concerns the constitutionality of affirmative action admissions programs at colleges and universities -- the first time in almost 25 years that the Court has addressed the issue. The second concerns the constitutionality of state laws forbidding consensual sodomy -- oral or anal sex -- that are invoked almost exclusively against homosexuals. This issue has not been addressed since Bowers v. Hardwick in 1986. No matter which side of these issues you are on, you should probably be worried. With a Court as closely divided as the current one, there's no telling what precedent may be set in these important cases. Read coverage from law.com here.
Sunday, December 1, 2002 at 9:47AM A settlement by Sealed Air Corp. on Friday is raising hopes (noted by the financial markets) that the end of the asbestos litigation nightmare may finally be coming into view, according to this article. UPDATE (12/18/02): Halliburton has also settled all its asbestos claims, for some $4 billion, according to this.
Sunday, December 1, 2002 at 8:26AM The conservative Washington Legal Foundation claims that funding for civil legal aid derived from interest on lawyers' trust accounts constitutes an unconstitutional taking of property belonging to clients. Their fight has gone on for more than ten years. But this article suggests that the true motive is an attack on "radical legal groups" that are funded through the programs.
Sunday, December 1, 2002 at 7:46AM After shooting him five times, police aggressively interrogated Oliverio Martinez, continuing in the ambulance and then the emergency room, all without reading him his rights. Martinez was never charged, but he brought a civil suit alleging, among other things, "coercive interrogation." The police argue that Miranda does not confer a right not to be interrogated, only a right not to have coerced and un-Mirandized statements used by the prosecution in a criminal trial. The Supreme Court hears arguments December 4, and civil libertarians fear it might lead to an erosion of Miranda rights. Read more about it here.
Friday, November 29, 2002 at 10:32AM I doubt that it's harmless (as this article argues) but it's probably not as bad as it's been made out to be.
Wednesday, November 27, 2002 at 4:25PM On the one hand: What is with these people? Isn't getting disbarred enough? On the other: Since when is defamation a criminal, rather than a civil, offense? Doesn't this epitomize state controlled speech? Read all about it here.
Wednesday, November 27, 2002 at 2:29PM The "Firefighter's Rule" -- a sub-species of the assumption of the risk doctrine that sometimes prohibits public safety officers from recovering in tort for injuries sustained in the line of duty -- is a pet issue for me, as one of the biggest cases I ever worked on turned on its application. Recently in Coos Bay, Oregon, three firefighters died tragically when a fire in an auto parts store ballooned unexpectedly, causing the roof to collapse. The unexpected ballooning was allegedly caused by wood in the structure that had become unnaturally dry and flammable due to years of exposure to an incinerator used to burn waste grease from the store's machine shop. This tragic accident is recounted here. I'd be willing to wager that a published opinion on "The Rule" will eventually emerge from this mess. My condolences to the firefighters' families and colleagues.
Wednesday, November 27, 2002 at 2:11PM A Pennsylvania Supreme Court Justice was taken to task today in an opinion by two of his fellow justices, including the Chief Justice. In principal, I think rhymed opinions are okay, but I have to agree that Justice Eakin's poetry is pretty bad. Read all about it here. UPDATE: (12/2/02) You can read Justice Eakin's effort in its entirety here at How Appealing, together with some amusing commentary.
