Tuesday, August 12, 2008
Courts - More on "Ohio Judges See More Do-It-Yourself Divorces and System Slowdown "
Updating this ILB entry from July 22nd on self-representation by divorcing parties in Ohio said to be clogging up the system (an entry that includes at the end information about Indiana's online self-service legal center, established via the Indiana Supreme...Posted by Marcia Oddi on Tuesday, August 12, 2008
Courts - "Conservatives plot on campaign finance"
A story today in Politico, reported by Jeanne Cummings, features a photo of Terre Haute attorney James Bopp Jr., described as "making a name for himself by challenging federal and state campaign finance laws." Some quotes from p. 2:Bopp recently...Posted by Marcia Oddi on Tuesday, August 12, 2008
Courts - "In U.S., Expert Witnesses Are Partisan"
The American justice system and expert witnesses is the focus of this Adam Liptak column today in the NY Times. It is one of a "series of articles [examining] commonplace aspects of the American justice system that are actually unique...Posted by Marcia Oddi on Tuesday, August 12, 2008
Saturday, August 09, 2008
Courts - "Are Facial Challenges Going the Way of the Dodo?" Indiana voter ID ruling cited
So asked Ashby Jones in the WSJ Law Blog yesterday. The entry quotes from Marcia Coyle's August 8th review of the court term in the National Law Journal. Among the "trends" Coyle points out to track:The broadest of constitutional attacks,...Posted by Marcia Oddi on Saturday, August 09, 2008
Friday, August 08, 2008
Courts - "Judge declares mistrial, blames newspaper"
From a report by KSN.com that begins:SALINA, KS, August 7, 2008 -- A judge declared a mistrial Thursday in the Saline County rape case of Jerry Sellers and blamed the local newspaper. On page A5 of the Salina Journal, the...Posted by Marcia Oddi on Friday, August 08, 2008
Courts - "For 'Maverick' Federal Judges, Life Tenure Is Largely Unfettered License"
This freely-available opinion piece today in the WSJ, written by Nathan Koppel, is aimed at federal judges, and particularly at a single federal district court judge, 84-year-old LA Judge Manuel Real:Life tenure for federal judges aims to give them the...Posted by Marcia Oddi on Friday, August 08, 2008
Courts - "Study Finds Settling Is Better Than Going to Trial "
So reports Jonathan D. Glater in this story today in the business section of the NY Times. Check out this NYT graphic. The study is to be published in the September issue of the Journal of Empirical Legal Studies....Posted by Marcia Oddi on Friday, August 08, 2008
Thursday, August 07, 2008
Courts - "Groups Urge High Court to Review Key Judicial Recusal Case"
Updating this ILB entry from Aug. 4th, Marcia Coyle of The National Law Journal reports today in a brief story:Bar, campaign reform and citizens' groups this week filed briefs urging the U.S. Supreme Court to hear a case challenging a...Posted by Marcia Oddi on Thursday, August 07, 2008
Wednesday, August 06, 2008
Courts - Georgia Appeals Court Candidates Confront Anti-Abortion Group's Survey
Alyson M. Palmer of the Fulton County Georgia Daily Report writes today in a lengthy story:It's unlikely the Georgia Court of Appeals will ever issue a ruling on whether the state or federal constitution contains a right to abortion. But...Posted by Marcia Oddi on Wednesday, August 06, 2008
Tuesday, August 05, 2008
Courts - "A Primer on What Lawyers Can Say About Judges"
Bruce A. Campbell of the Texas Lawyer has this article. A quote: What happens when an attorney makes a false statement about a member of the judiciary? Will the offending attorney be disciplined? Perhaps, but not necessarily. In 1964's Garrison...Posted by Marcia Oddi on Tuesday, August 05, 2008
Monday, August 04, 2008
Courts - Still more on: The plot of John Grisham's latest novel may have already come to life in W. Va.
Updating this ILB entry from Feb. 19th, Marcia Coyle reports today in The National Law Journal that begins:The ethical hornets' nest stirred up by the refusal of an acting West Virginia chief justice to recuse himself from a multimillion-dollar appeal...Posted by Marcia Oddi on Monday, August 04, 2008
Sunday, August 03, 2008
Courts - "Ky. court fees spike sharply under new deal"
Jason Riley of the Louisville Courier Journal has a story today on the increased court costs in Kentucky. Some quotes:Looking to get a court case expunged in Kentucky? The court fee just shot up to $100 from $25. And you...Posted by Marcia Oddi on Sunday, August 03, 2008
Friday, August 01, 2008
Courts - Kentucky judge rules highway bill is invalid
I haven't had a chance to look into this matter facing our sister state to the south, but it does appear interesting - Tom Loftus reports today in the LCJ in a story that begins:FRANKFORT, Ky. -- The General Assembly's...Posted by Marcia Oddi on Friday, August 01, 2008
Thursday, July 31, 2008
Courts - "Filing for Bankruptcy Becomes More Costly"
Jacquelllline Palank of the WSJ reports today:Individuals who have filed for bankruptcy protection since Congress overhauled U.S. bankruptcy laws in 2005 have faced a more expensive process as attorneys' fees have risen by roughly half, according to a government report....Posted by Marcia Oddi on Thursday, July 31, 2008
Wednesday, July 30, 2008
Courts - "Sizing Up the 2007-08 Supreme Court Term"
Legal Times' seventh annual Supreme Court review, with print and audio versions, available here....Posted by Marcia Oddi on Wednesday, July 30, 2008
Saturday, July 26, 2008
Courts - "Some Judges Stiffen Foreclosure Standards"
Amir Efrati of the WSJ reports in an article now freely available that begins:A cadre of state-court judges scrutinizing foreclosure actions in a string of recent rulings have discovered flaws in documents that borrowers may be able to use to...Posted by Marcia Oddi on Saturday, July 26, 2008
Friday, July 25, 2008
Courts - "High Court Justices Go Digital to Access Founding-Era Documents"
Some quotes from a fascinating article today by Tony Mauro of Legal Times:U.S. Supreme Court justices on both sides in the landmark D.C. v. Heller gun rights case resorted to original documents in making their case about the meaning of...Posted by Marcia Oddi on Friday, July 25, 2008
Tuesday, July 22, 2008
Courts - "Ohio Judges See More Do-It-Yourself Divorces and System Slowdown "
A long AP article today, posted by Law.Com, reports:With the economy down and the cost of lawyers high, more people are choosing to represent themselves in divorce cases. But legal amateurs who struggle with complicated paperwork are slowing down an...Posted by Marcia Oddi on Tuesday, July 22, 2008
Monday, July 21, 2008
Courts - "Med school for judges: A crash course in medical litigation"
A long and very interesting article in the American Medical News, reported by Amy Lynn Sorrel. Here is a quote from within the article:After getting a rare, behind-the-scenes look at the case, judges got a chance to address their own...Posted by Marcia Oddi on Monday, July 21, 2008
Sunday, July 13, 2008
Courts - "Supreme Court finds history is a matter of opinions"
David G. Savage of the LA Times writes today in a lengthy story that begins:In 1985, President Reagan's attorney general, Edwin Meese III, criticized the Supreme Court's decisions and called on the justices to decide cases based on the "original...Posted by Marcia Oddi on Sunday, July 13, 2008
Courts - The Supreme Court and its conundrum of continuity and change
Linda Greenhouse, who is soon to leave the NY Times after 30 years, offers reflections and a personal overview of the Supreme Court's work titled "2,691 Decisions." Here is a sample: [I]t is often the court that eventually retreats when...Posted by Marcia Oddi on Sunday, July 13, 2008
Thursday, July 10, 2008
Courts - "Constitutional ballot proposal presents quandary for Michigan justices"
A lengthy and fairly odd AP story today in the South Bend Tribune, by David Eggert, begins:LANSING -- Judges who would see a pay cut and in some cases a pink slip under a sweeping amendment to the state constitution...Posted by Marcia Oddi on Thursday, July 10, 2008
Monday, July 07, 2008
Courts - "Facial challenges are out, As-applied challenges are in"
That according to David G. Savage, who covers the U.S. Supreme Court for the Los Angeles Times, writing in the July 2008 issue of the ABA Journal. His article begins:The U.S. Supreme Court under Chief Justice John G. Roberts Jr....Posted by Marcia Oddi on Monday, July 07, 2008
Friday, July 04, 2008
Courts - Judges urges Lilly to try to settle Zyprexa drug claims
The ILB has posted about a dozen entries relating to various legal issues involving the Lilly drug Zyprexa. Today the Indianapolis Star has a lengthy, front-page story by John Russell that reports:Eli Lilly and Co., which already has paid more...Posted by Marcia Oddi on Friday, July 04, 2008
Thursday, July 03, 2008
Ind. Courts - Randolph County Courthouse plans still up in air
When last we wrote on this topic, it was under the heading "Search for the front of the Randolph County Courthouse continues." Today Joy Leiker reports the Muncie Star-Press:WINCHESTER -- In response to public pressure, the Randolph County Board of...Posted by Marcia Oddi on Thursday, July 03, 2008
Courts - More on: Linda Greenhouse points to blog that identified an error in a major SCOTUS opinion
Updating this ILB entry from yesterday, Linda Greenhouse reports today in the NY Times in a story that begins:In a highly unusual admission of error, the Justice Department acknowledged on Wednesday that government lawyers should have known that Congress had...Posted by Marcia Oddi on Thursday, July 03, 2008
Courts - "Next Term: A Fatter, Faster Calendar for Supreme Court"
Tony Mauro of Legal Times writes today in a long story that begins:The current term is history, so what's up for the Supreme Court's next term, which begins Oct. 6? More cases, heard more quickly, and possibly decided with more...Posted by Marcia Oddi on Thursday, July 03, 2008
Wednesday, July 02, 2008
Courts - Linda Greenhouse points to blog that identified an error in a major SCOTUS opinion
In Kennedy v. Louisiana, issued last week, the Court prohibited states from imposing the death penalty for child rape. Linda Greenhouse writes today in the NY Times:When the Supreme Court ruled last week that the death penalty for raping a...Posted by Marcia Oddi on Wednesday, July 02, 2008
Monday, June 30, 2008
Courts - Linda Greenhouse recaps the Court's term
Linda Greenhouse, who took an early buyout from the NY Times and is moving on to Yale, recaps the Supreme Court's term in this article in the Sunday Times. Accompanying the story are two valuable, not to be missed charts,...Posted by Marcia Oddi on Monday, June 30, 2008
Thursday, June 26, 2008
Courts - More on the Heller 2nd Amendment decision today
Here, thanks again to SCOTUSBlog, is the 157-page opinion. Tony Mauro of Legal Times has a post that begins:Supreme Court: Scalia and Stevens Duke It Out It was an extraordinary 23-minute-long scene at the Supreme Court this morning as Justice...Posted by Marcia Oddi on Thursday, June 26, 2008
Courts - Still more on: Final opinion days from the SCOTUS
Check the ever excellent SCOTUSBlog for the details. Only three cases left this term. Davis v. Federal Election Commission - Millionaire's amendment. "The ruling below, which upheld the law, is reversed and remanded." Morgan Stanley Capital Group Inc. v. Public...Posted by Marcia Oddi on Thursday, June 26, 2008
Wednesday, June 25, 2008
Courts - More on: Final opinion days from the SCOTUS [Updated]
Check the ever excellent SCOTUSBlog for the details. Here is what has been handed down so far: Excon v. Baker - "on the validity of the $2.5 billion punitive damages award to victims of the Exxon Valdez oil spill. The...Posted by Marcia Oddi on Wednesday, June 25, 2008
Courts - Final opinion days from the SCOTUS
Expect some biggies today, starting at 10:00 AM. Likely there also will be opinions issued Thursday. The ILB is watching for the 2nd Amendment case, District of Columbia v. Heller, as mentioned in this entry from June 11th. Two other...Posted by Marcia Oddi on Wednesday, June 25, 2008
Tuesday, June 24, 2008
Courts - More on: "Supreme Court Justices Turn to Ex-Clerks for Unusual Role"
This ILB entry from April 14th quotes from an interesting story by Tony Mauro about the Supreme Court turning to its former clerks "to argue before the Court ... when, as in Greenlaw, the respondent abandons the lower court decision...Posted by Marcia Oddi on Tuesday, June 24, 2008
Monday, June 23, 2008
Courts - More on: The Supreme Court of Kansas has ruled that juvenile defendants have a right to trial by jury
Re whether this argument could be successfully made in Indiana, a reader knowledgeable in juvenile law has referred me to Bible v. State, 253 Ind. 373, at 380 and 389 2 54 N.E. 2d 319 (Ind. 1970), where the Court...Posted by Marcia Oddi on Monday, June 23, 2008
Sunday, June 22, 2008
Courts - The Supreme Court of Kansas has ruled that juvenile defendants have a right to trial by jury
From the June 21 Kansas City Star, reported by David Klepper and Diane Carroll:TOPEKA | In a decision affecting every juvenile criminal case in Kansas, the state Supreme Court has guaranteed juvenile defendants the right to a trial before a...Posted by Marcia Oddi on Sunday, June 22, 2008
Friday, June 20, 2008
Courts - "Ohio historian indicted for moving huge rock"
Stephenie Steitzer of the Louisville Courier Journal reports today in a long story that begins:An Ohio historian may be caught between a rock and some hard time. Nine months after Steven Shaffer of Ironton, Ohio, led an effort to remove...Posted by Marcia Oddi on Friday, June 20, 2008
Thursday, June 19, 2008
Courts - Calif. Justices Weigh Whether Doctors, Citing Religion, Can Refuse to Treat Some Patients
Ashley Surdin of the Washington Post reports today in a lengthy story that begins:LOS ANGELES -- On the heels of its ruling on same-sex marriage, California's highest court will decide another potentially landmark civil rights case: whether doctors can refuse...Posted by Marcia Oddi on Thursday, June 19, 2008
Monday, June 16, 2008
Courts - "Judges are banning terms such as 'rape' and 'victim' as prejudicial to defendants"
Tresa Baldas of The National Law Journal has a lengthy story today that reports:Call it the age of the Loaded Word. A steadily increasing number of courts across the United States are prohibiting witnesses and victims from uttering certain words...Posted by Marcia Oddi on Monday, June 16, 2008
Sunday, June 15, 2008
Courts - "A lesson for every Internet user: Nothing is private"
An editorial today in the Seattle Times begins:THE roiling water in which Judge Alex Kozinski finds himself should be a lesson for every Internet user: Nothing is private. Kozinski, the chief judge of the 9th U.S. Circuit Court of Appeals,...Posted by Marcia Oddi on Sunday, June 15, 2008
Thursday, June 12, 2008
Courts - "N.Y. Governor, Legislature Ordered to Raise Pay of State's Judges"
The subheading to this story by Daniel Wise of the New York Law Journal is: "Attorney calls ruling 'precedent setting' because it is 'the first time the linking of judicial pay to that of legislators has been found unconstitutional'". See...Posted by Marcia Oddi on Thursday, June 12, 2008
Wednesday, June 11, 2008
Courts - What is still pending before SCOTUS?
The great SCOTUSBlog has posted its newest edition of StatPack, including a list of the 22 cases yet to be decided (some opinions may be issued tomorrow). Look at pp. 10-12 for the outstanding cases as of 6/9/08. Two on...Posted by Marcia Oddi on Wednesday, June 11, 2008
Tuesday, June 10, 2008
Courts - End of SCOTUS term is in sight
This term of the Supreme Court is nearing its end and a number of good articles have been printed recently, looking at the Court. Linda Greenhouse, the great NY Times Supreme Court reporter who is soon moving on, had a...Posted by Marcia Oddi on Tuesday, June 10, 2008
Courts - Even more on "Ohio Court Debates Rights to Body Parts"
Updating this ILB entry from June 8th, Mitch Harper of Fort Wayne Observed sends along a story from the June 7th Cincinnati Enquirer headed "Eyes taken, parents sue: West Chester couple says teen didn't want organs donated." The suit alleges...Posted by Marcia Oddi on Tuesday, June 10, 2008
Monday, June 09, 2008
Courts - "Cook County Circuit Court has been turned into a frenetic debt collections machine"
This long story today in the Chicago Tribune, reported by Ameet Sachdev, begins:Cook County Circuit Court has been turned into a frenetic debt collections machine, a reflection of easy credit gone sour and a collections industry determined to get paid....Posted by Marcia Oddi on Monday, June 09, 2008
Sunday, June 08, 2008
Courts - Still more on "Ohio Court Debates Rights to Body Parts"
Updating this ILB entry from Jan. 28th, which includes a quote from the Washington Post that begins:The Albrechts' discovery that they had buried their son without his brain has led to a federal class-action suit that could cost local governments...Posted by Marcia Oddi on Sunday, June 08, 2008
Wednesday, June 04, 2008
Courts - Still more on "California Supreme Court says same-sex couples have right to marry" [Updated]
Updating this ILB entry from May 18th, the California Supreme Court today has denied a request for a rehearing and a stay of the May 15th decision. From an AP report:Wednesday's denial clears the way for gays and lesbians in...Posted by Marcia Oddi on Wednesday, June 04, 2008
Sunday, June 01, 2008
Courts - Arkansas Supreme Court rated highly in a U of Chicago study
Thanks to Howard Bashman of How Appealing, here is a report from Saturday's Arkansas Democrat Gazette. Some quotes:The Arkansas Supreme Court was rated highly in a study made public this month in a University of Chicago Law School working paper...Posted by Marcia Oddi on Sunday, June 01, 2008
Wednesday, May 28, 2008
Courts - More on "GE Suffers a Redaction Disaster"
Updating this ILB entry from earlier today, if your opponent does ineffectually redact information, can you look? Presumably redacted material is the same as any other metadata, there have been several articles addressing this issue; the most recent is this...Posted by Marcia Oddi on Wednesday, May 28, 2008
Tuesday, May 27, 2008
Courts - Tennessee's "Missouri plan" for judicial selection expires
Apparently, it was subject to a "Sunset"-type provision. From a May 10th WSJ article:Since the 1970s, Tennessee has used a modified Missouri Plan for choosing its judges, known to its proponents as "merit selection." Intended as a way to keep...Posted by Marcia Oddi on Tuesday, May 27, 2008
Monday, May 26, 2008
Courts - Chicago courtroom artist who covered Chicago 7 and Gacy trials writes book
Natasha Korecki, federal courts reporter for the Chicago Sun-Times, writes today:[Courtroom artist Andy Austin] uses more than illustrations to take readers on a historical tour of famous Chicago trials. She proves herself a sharp observer -- a true reporter --...Posted by Marcia Oddi on Monday, May 26, 2008
Sunday, May 25, 2008
Courts - Two interesting recent NYT stories on courts and judiciary
The lede to Linda Greenhouse's May 23rd story in the NYT: "Where have all the 5-to-4 decisions gone? And whatever happened to the “Kennedy Court”?" A quote:Something is happening, clearly. The question is what. The caveats against drawing any hard...Posted by Marcia Oddi on Sunday, May 25, 2008
Friday, May 23, 2008
Courts - Still more on "Pa. justices won raise for upholding slots law, lawsuit claims"
This ILB entry from May 21st included this quote from the Patriot-News of Harrisburg, Pennsylvania: "The chief justice of the Pennsylvania Supreme Court said the League of Women Voters 'slanders' the court and its former chief justice in a federal...Posted by Marcia Oddi on Friday, May 23, 2008
Wednesday, May 21, 2008
Courts - More on "Pa. justices won raise for upholding slots law, lawsuit claims"
Updating this ILB entry from yesterday, Howard Bashman of How Appealing has today gathered a number of new Pennsylvania press stories. For instance, Bashman writes:The Patriot-News of Harrisburg, Pennsylvania today contains an article headlined "Chief justice warns League, attorney of...Posted by Marcia Oddi on Wednesday, May 21, 2008
Tuesday, May 20, 2008
Courts - "Pa. justices won raise for upholding slots law, lawsuit claims"
[Howard Bashman of How Appealing has posted the links to this story and has uploaded the complaint.] The AP is reporting today:HARRISBURG -- The League of Women Voters sued Pennsylvania's former chief justice yesterday, alleging that the Supreme Court upheld...Posted by Marcia Oddi on Tuesday, May 20, 2008
Monday, May 19, 2008
Courts - SCOTUS upholds municipal bond exemption [Updated]
Pete Yost of the AP is reporting:The Supreme Court on Monday upheld long-standing state tax exemptions for municipal bonds. In a 7-2 ruling in a case from Kentucky, the justices permitted states to exempt interest on their own bonds from...Posted by Marcia Oddi on Monday, May 19, 2008
Sunday, May 18, 2008
Courts - More on "California Supreme Court says same-sex couples have right to marry"
The California Supreme Court decision Thursday finding that gays and lesbians have a constitutional right to marry in California (see ILB entry here) has led to two stories giving an Indiana take on the decision. Mike Smith of the AP...Posted by Marcia Oddi on Sunday, May 18, 2008
Thursday, May 15, 2008
Courts - "California Supreme Court says same-sex couples have right to marry" [Updated]
Here is a report by Bob Egelko of the San Francisco Chronicle on this morning's ruling. The story begins:10:31 PDT SAN FRANCISCO -- Gays and lesbians have a constitutional right to marry in California, the state Supreme Court said today...Posted by Marcia Oddi on Thursday, May 15, 2008
Thursday, May 08, 2008
Courts - "Having access to case status throughout the pipeline is enabling lawyers to better advocates"
My friend Diana Skaggs, of the excellent Kentucky Divorce Law Journal, has an entry today that is applicable to all practitioners, regardless of jurisdiction:Having access to case status throughout the pipeline is enabling lawyers to better advocates. How? Well, if...Posted by Marcia Oddi on Thursday, May 08, 2008
Wednesday, May 07, 2008
Courts - "Michigan Marriage Amendment Nixes Domestic Partners Benefits"
From an entry this afternoon in the Volokh Conspiracy by Dale Carpenter, law prof. at U. of Minn. Law, headed "Michigan Marriage Amendment Nixes Domestic Partners Benefits":So said the Michigan Supreme Court in a 5-2 decision today. By state constitutional...Posted by Marcia Oddi on Wednesday, May 07, 2008
Courts - Justice Scalia explains his change of heart re avoiding the public eye
Tony Mauro of Legal Times writes about Justice Scalia's online Q & A with C-Span's Brian Lamb last Sunday. Some quotes:C-SPAN has posted the transcript of Brian Lamb's recent interview with Supreme Court Justice Antonin Scalia, the latest event in...Posted by Marcia Oddi on Wednesday, May 07, 2008
Monday, May 05, 2008
Courts - A rapping clerk of the courts?
This caught my eye. An entry from the blog Above the Law begins:When you think of clerks of court, you probably think of those annoying people who bounce your filings because you used the wrong font size. They don't seem...Posted by Marcia Oddi on Monday, May 05, 2008
Thursday, May 01, 2008
Courts - "U.S. Appeals Court Rejects NY City’s Suit to Curb Guns"
Alan Feuer of the NY Times reports today:A federal appeals court threw out New York City’s longstanding lawsuit against the gun industry on Wednesday, ruling that a relatively new federal law protects gun makers against such suits. The appellate ruling...Posted by Marcia Oddi on Thursday, May 01, 2008
Wednesday, April 30, 2008
Courts - "Supreme Court is rejecting broad legal challenges"
A must read analysis today of several recent Supreme Court rulings, by David G. Savage of the Los Angeles Times, deals with facial challenges and narrowly drafted opinions. A few quotes:The Supreme Court's recent rulings upholding Indiana's voter ID law...Posted by Marcia Oddi on Wednesday, April 30, 2008
Monday, April 28, 2008
Courts - Supreme Court rejects voter ID law challenge [Updated]
See the writeup by Lyle Denniston of SCOTUSBlog here. Some quotes:The Supreme Court, voting 6-3, on Monday rejected a constitutional challenge to Indiana’s law requiring voters to show a photo ID before they may cast a ballot. Three Justices said...Posted by Marcia Oddi on Monday, April 28, 2008
Courts - Justice Scalia interview
CBS 60 Minutes host Leslie Stahl conducted a remarkable interview of Justice Antonin Scalia, broadcast last evening. You can read the transcript here, but I highly recommend that you watch the interview - links to Part I and Part II...Posted by Marcia Oddi on Monday, April 28, 2008
Tuesday, April 22, 2008
Courts - Intensive competition for Supreme Court clients described
From Howard Bashman's How Appealing today:"Supreme Court - The Hottest Docket in Town; Firms Clamor to Be Among the Few To Go Before the Nation's Final Arbiter": Brent Kendall has this very interesting front page article today in The Daily...Posted by Marcia Oddi on Tuesday, April 22, 2008
Friday, April 18, 2008
Courts - "When the Ex Blogs, the Dirtiest Laundry Is Aired"
Leslie Kaufman of the NY Times has this long story today. Some quotes on the legal aspects:In separation, of course, one person’s truth can be another’s lie. Often the postings are furtive. But even when the ex-spouse is well aware...Posted by Marcia Oddi on Friday, April 18, 2008
Wednesday, April 16, 2008
Courts - "Defense Builds 'Supermax' Cell Replica For Inmate Trial"
Talk about a courtroom exhibit. The Crime & Justice News has this entry today:Charles Packard and nine contractors built an exact replica of a cell at the "Supermax" facility at the federal prison in Florence, Co., It's the cell where...Posted by Marcia Oddi on Wednesday, April 16, 2008
Tuesday, April 15, 2008
Courts - "Bankruptcy Filings Rebound in Calendar Year 2007" [Updated]
So reports the Administrative Office of the U.S. Courts in this release, stating:Filings rebounded from a 70 percent drop in calendar year 2006, which was the first full 12-month period after the Bankruptcy Abuse Prevention and Consumer Protection Act...Posted by Marcia Oddi on Tuesday, April 15, 2008
Monday, April 14, 2008
Courts - "Supreme Court Justices Turn to Ex-Clerks for Unusual Role"
Tony Mauro of Legal Times has an interesting story today that begins:On Jan. 7, Jay Jorgensen took an unusual call from his former boss, Supreme Court Justice Samuel Alito Jr. Alito's request: Would Jorgensen have time to argue a Supreme...Posted by Marcia Oddi on Monday, April 14, 2008
Saturday, April 12, 2008
Courts - More on: New York judges may sue for raises
Updating this ILB entry from April 2nd, Joel Stashenko and Daniel Wise of the New York Law Journal reported yesterday:Stymied for a fourth straight fiscal year in securing a pay raise for New York state court judges, Chief Judge Judith...Posted by Marcia Oddi on Saturday, April 12, 2008
Monday, April 07, 2008
Courts - "Fear, Paranoia and, Yes, Some Loathing in Alabama State House"
Remember this ILB entry from April 17, 2007 on the award of a Pultizer to a reporter who investigated the Alabama junior college system, including this quote from the Birmingham News:Mr. Blackledge, 43, won for his work exposing extensive corruption...Posted by Marcia Oddi on Monday, April 07, 2008
Wednesday, April 02, 2008
Courts - New York judges may sue for raises
Joel Stashenko of the New York Law Journal reports today:As the New York Legislature prepared to begin passing the 10th consecutive budget that does not contain a pay raise for judges, Chief Judge Judith S. Kaye's attorney on Monday outlined...Posted by Marcia Oddi on Wednesday, April 02, 2008
Tuesday, April 01, 2008
Courts - Do state courts flout Supreme Court precedent?
An article in the March 2008 issue of Cornell Law Review, authored by Frederic M. Bloom, Assistant Professor of Law, Saint Louis University, and titled "State Courts Unbound", begins:State courts live by simple rules. One rule holds that state...Posted by Marcia Oddi on Tuesday, April 01, 2008
Wednesday, March 26, 2008
Courts - "Eli Lilly Pays $15 Million to Settle State of Alaska's Lawsuit Over Drug Zyprexa"
From the AP, a story that begins:Eli Lilly and Co. and Alaska announced a $15 million settlement Wednesday in the state's lawsuit over the use of the drug Zyprexa in its Medicaid program. The deal ensures that Alaska will be...Posted by Marcia Oddi on Wednesday, March 26, 2008
Tuesday, March 25, 2008
Courts - More on: Oklahoma Supreme Court "cuts off online access to records"
Updating this ILB entry from March 12th, John Greiner of The Oklahoman reports today:The Oklahoma Supreme Court today rescinded its controversial rules that would limit public access to court information on its Web site and in court files, saying it...Posted by Marcia Oddi on Tuesday, March 25, 2008
Sunday, March 23, 2008
Courts - Who has authority over Ohio court records?
On March 12th the ILB had an entry about the Oklahoma Supreme Court cutting off on-line access to public court records. Today the Cleveland Plain Dealer has this story by Reginald Fields. Some quotes: Columbus- A leading open- government advocate...Posted by Marcia Oddi on Sunday, March 23, 2008
Saturday, March 22, 2008
Courts - "Justice for Sale"
Check out this opinion piece today from the Wall Street Journal, authored by James Sample, an attorney with the Brennan Center for Justice at NYU School of Law. Some quotes:Certain American values transcend partisan divisions. One is that money should...Posted by Marcia Oddi on Saturday, March 22, 2008
Tuesday, March 18, 2008
Courts - Another success for Merrillville native Maureen Mahoney
Here is a list of prior ILB posts on Merrillville native Maureen Mahoney. True, she hasn't lived in Indiana for many years, but then again, neither has John Wooden. Today Ashby Jones of the WSJ Law Blog writes, under the...Posted by Marcia Oddi on Tuesday, March 18, 2008
Saturday, March 15, 2008
Courts - "Kentucky Chief justice calls proposed budget cuts a terrible mistake"
Jason Riley reports in today's Louisville Courier Journal:Kentucky Chief Justice Joseph Lambert says a proposed $55 million cut in the state judiciary budget over the next two years would have a devastating effect on the court system. In a mass...Posted by Marcia Oddi on Saturday, March 15, 2008
Friday, March 14, 2008
Courts - "Tort King's Path to Bribery Charge"
As interesting as the latest John Grisham novel, and set in the same locale, the WSJ has a front-page story ($$$) today that continues on to a full inside page, about an upcoming trial. It begins:Last November, a lawyer who...Posted by Marcia Oddi on Friday, March 14, 2008
Wednesday, March 12, 2008
Courts - More on: Justice Dept. no-bid contracts with John Ashcroft and the Indiana twist
Updating this ILB entry from Feb. 24th, Joe Palazzo of Legal Times reports today on John Ascroft's testimony yesterday before a House Judiciary subcommittee hearing on the "multimillion-dollar contract his company was awarded by the DOJ to monitor fraud settlements"...Posted by Marcia Oddi on Wednesday, March 12, 2008
Courts - Oklahoma Supreme Court "cuts off online access to records"
This could be ILB "pretty astonishing" #2 for the week. #1 was Monday's story on Elliot Spitzer. Ron Jenkins of the AP reports:The Oklahoma Supreme Court has adopted rules cutting off public access to court records now available on the...Posted by Marcia Oddi on Wednesday, March 12, 2008
Courts - "Kentucky judge's ban on prosecutorial objections rejected"
Jason Riley reports today in the Louisville Courier Journal:A Jefferson Circuit Court judge yesterday ordered District Court Judge Sean R. Delahanty to at least temporarily stop enforcing his policy that forbids prosecutors from making objections in his courtroom. Circuit Judge...Posted by Marcia Oddi on Wednesday, March 12, 2008
Friday, March 07, 2008
Courts - 8-Year-Old Passes Brazil's Law School Entrance Test
Tales Azzoni of the AP reports:An 8-year-old boy with dreams of becoming a judge has passed a law school entrance exam -- shocking Brazil's legal profession and prompting a federal investigation. The Universidade Paulista, a multi-campus private university, issued a...Posted by Marcia Oddi on Friday, March 07, 2008
Wednesday, March 05, 2008
Courts - More on: "Supreme Court Considers Protecting Drug Makers From Lawsuits"
Updating this ILB entry from Feb. 26 about the case of Warner-Lambert v. Kent, Linda Greenhouse reported yesterday, March 4, in the NY Times:WASHINGTON — A 4-to-4 vote on Monday left the Supreme Court unable to decide a pharmaceutical pre-emption...Posted by Marcia Oddi on Wednesday, March 05, 2008
Tuesday, February 26, 2008
Courts - "Supreme Court Considers Protecting Drug Makers From Lawsuits"
Updating this ILB entry from Feb. 21st, referencing the SCOTUS decision in Riegel v. Medtronic, Gardiner Harris of the NY Times reports today:WASHINGTON — Less than a week after issuing a sweeping ruling that bars most lawsuits against medical device...Posted by Marcia Oddi on Tuesday, February 26, 2008
Sunday, February 24, 2008
Courts - Justice Dept. no-bid contracts with John Ashcroft and the Indiana twist
This NYT story from Jan. 10, 2008, reported by Philip Shenon, first brought the Zimmer settlement connection to my attention:WASHINGTON — When the top federal prosecutor in New Jersey needed to find an outside lawyer to monitor a large corporation...Posted by Marcia Oddi on Sunday, February 24, 2008
Friday, February 22, 2008
Courts - Still more on: The plot of John Grisham's latest novel may have already come to life in W. Va.
Updating this ILB entry from Feb. 19th: The third West Virginia justice under fire in the Massey Energy case, Justice Brent Benjamin, announced yesterday that he would not recuse himself. For details see this WSJ Law Blog entry headed "Justice...Posted by Marcia Oddi on Friday, February 22, 2008
Thursday, February 21, 2008
Courts - SCOTUS favors federal pre-emption in three cases yesterday
The Legal Times Tony Mauro reports today:In three key business rulings handed down Wednesday, the Supreme Court continued its trend toward freeing companies from the conflicting regulation of 50 different states in favor of one federal regime. The Court favored...Posted by Marcia Oddi on Thursday, February 21, 2008
Wednesday, February 20, 2008
Courts - More on: "A Judge’s ‘Inexplicable Madness’ Over a Cellphone"
Updating this ILB entry from Nov. 27, 2007, an article today by Joel Stashenko of the New York Law Journal is titled: "Amicus Briefs Pile Up in Bid to Sway N.Y. High Court on Judge's Removal Over Cell Phone Incident."...Posted by Marcia Oddi on Wednesday, February 20, 2008
Tuesday, February 19, 2008
Courts - More on: The plot of John Grisham's latest novel may have already come to life in W. Va.
A quote from NPR in this Feb. 11th ILB entry about the West Virginia Supreme Court:Three of the five state Supreme Court justices have been asked to recuse themselves from rehearing a case in March involving one of the biggest...Posted by Marcia Oddi on Tuesday, February 19, 2008
Saturday, February 16, 2008
Courts - "Sex, Lies, Hostility in the Florida Appellate Court"
Scott Michels of ABC News has this pretty astonishing story that begins:A written opinion by a state appellate court judge in Florida that criticized one of his fellow judges has spiraled into a rare public airing of personal grievances between...Posted by Marcia Oddi on Saturday, February 16, 2008
Friday, February 15, 2008
Courts - A St. Louis Ram, others, sue New England Patriots and coach for "fraudulent videotaping"
See this posting from the WSJ Law Blog, including a link to the complaint, filed in federal court in Louisiana....Posted by Marcia Oddi on Friday, February 15, 2008
Wednesday, February 13, 2008
Courts - "Religion Joins Custody Cases, to Judges’ Unease"
From the NY Times, a story by Neela Banerjee headed "Religion Joins Custody Cases, to Judges’ Unease." Some quotes:Across the country, child-custody disputes in which religion is the flash point are increasing, part of a broader rise in custody conflicts...Posted by Marcia Oddi on Wednesday, February 13, 2008
Monday, February 11, 2008
Courts - Two fascinating audio/video pieces
Two fascinating audio/video pieces, mentioned by Howard Bashman of How Appealing during the past week. First, if you don't have but a few minutes, listen to this NPR story, from the 2/8 All Things Considered, headed "W.Va. Judges Asked to...Posted by Marcia Oddi on Monday, February 11, 2008
Courts - "Whether large law firms that successfully represent clients on a pro bono basis are entitled to seek substantial legal fees from the defendant"
The ILB has posted several entries on an issue raised primarily by last year's SCOTUS decision in the Louisville and Seattle school districts voluntary desegregation cases. The pro bono attorneys for the parents who succeeded in the suits throwing out...Posted by Marcia Oddi on Monday, February 11, 2008
Saturday, February 09, 2008
Courts - Residential neighborhoods, church building projects, and the RLUIPA
"The Connecticut Supreme Court Reaches the Right Decision In a Case Under the Religious Land Use and Institutionalized Persons Act" is the title to an article published this week on FindLaw by Law Prof. Marci Hamilton, who has written frequently...Posted by Marcia Oddi on Saturday, February 09, 2008
Wednesday, February 06, 2008
Courts - "Oh, to be an in-house lawyer for big pharma".
So wrote the Wall Street Journal Law Blog, in an entry yesterday headed "Eli Lilly in Advanced Talks With Feds over Zyprexa Probe", which is followed by today's entry, headlined "Lawyer’s Email Slip-up Leads to Zyprexa Leak."...Posted by Marcia Oddi on Wednesday, February 06, 2008
Courts - "Judges can't take Duke case"
Dan Horn reports today in the Cincinnati Enquirer:Four federal judges in Cincinnati have bowed out of the antitrust case involving Duke Energy. The chief judge says the problem is that every federal judge in town is a Duke customer, which...Posted by Marcia Oddi on Wednesday, February 06, 2008
Tuesday, January 29, 2008
Courts - More on: Montana Supreme Court too slow in issuing opinions; Ohio just right
Then there is Texas. Updating this ILB entry from yesterday, Janet Elliot of the San Antonio Express-News also had a Sunday story, headlined "Cases piling up before justices." Some quotes from the long story: AUSTIN — At a time when...Posted by Marcia Oddi on Tuesday, January 29, 2008
Court - "Illegal Globally, Bail for Profit Remains Pillar of U.S. Justice"
Adam Liptak of the NY Times has a long, front-page article today on the American bail system, part of a series called "American Exception" that "will examine commonplace aspects of the American justice system that are actually unique in the...Posted by Marcia Oddi on Tuesday, January 29, 2008
Monday, January 28, 2008
Courts - More on "Ohio Court Debates Rights to Body Parts"
Updating this ILB entry from Jan. 23 about the case recently argued before the Ohio Supreme Court, Robert Barnes of the Washington Post reports today in a story headlined "Huge Lawsuit Could Change Handling of the Dead." Some quotes:The Albrechts'...Posted by Marcia Oddi on Monday, January 28, 2008
Courts - Montana Supreme Court too slow in issuing opinions; Ohio just right
Supreme Court cases reportedly pile up in Montana. Yesterday the Billings Gazette had three stories on the problem. Some quotes from this lengthy story by Mike Dennison:HELENA - In Butte, a dispute over building a road to the Our Lady...Posted by Marcia Oddi on Monday, January 28, 2008
Saturday, January 26, 2008
Courts - Yet more on "Motion suggests guardian to oversee dogs seized from Vick home"
Updating earlier ILB entries, several stories today report on the success of the effort. From the Gary Post Tribune, Bob Kostanczuk writes:Being the guardian of the pit bulls seized in the Michael Vick case was a test for Rebecca J....Posted by Marcia Oddi on Saturday, January 26, 2008
Wednesday, January 23, 2008
Courts - Hear! Hear! Slate columnists write "Lay off Linda"
Hear! Hear! The ILB points readers to this article in Slate, by Emily Bazelon and Dahlia Lithwick, headlined "Lay Off Linda: Why doesn't the New York Times stand up for Linda Greenhouse?" that begins:It took some kind of amazing footwork...Posted by Marcia Oddi on Wednesday, January 23, 2008
Courts - "Ohio Court Debates Rights to Body Parts"
See this entry from Howard Bashman's blog, How Appealing, quoting this AP story (and lauding the Ohio Supreme Court website). The AP story begins:COLUMBUS, Ohio (AP) — During an autopsy, the Hamilton County coroner removed Christopher Albrecht's brain and never...Posted by Marcia Oddi on Wednesday, January 23, 2008
Saturday, January 19, 2008
Courts - Is "pleaded" or "pled" the proper usage?
An interesting question, one that the ILB has mulled over in the past. David Lat of Above the Law polled readers on the question yesterday afternoon. "Pled" is currently leading, 2 to 1. But take a look at the comments...Posted by Marcia Oddi on Saturday, January 19, 2008
Thursday, January 17, 2008
Courts - Judge Posner and more
Peter Lattman of The WSJ Law Blog picks up a number of items today, several of which the ILB had set aside for writing about, but not yet gotten to. The first is titled "The Inimitable Judge Posner Strikes Again."...Posted by Marcia Oddi on Thursday, January 17, 2008
Sunday, January 13, 2008
Courts - "Justices to decide whether murder victims' prior statements are admissible"
David G. Savage reports in the Los Angeles Times:WASHINGTON -- The Supreme Court agreed Friday to hear a Los Angeles murderer's appeal to decide a legal question that sounds like a macabre joke: The man argues that his victim's statements...Posted by Marcia Oddi on Sunday, January 13, 2008
Courts - Nevada high court defies lawmakers on salaries
ILB readers may recall Indiana stories of disputes between county courts and county commissioners over who sets the salary of the court's staff. Sometimes these disputes have resulted in judicial mandates that end up before the Indiana Supreme Court. In...Posted by Marcia Oddi on Sunday, January 13, 2008
Thursday, January 10, 2008
Courts - Husband posts about pending divorce in blog, court orders postings removed
From the NY Times today, a story by Abby Goodnough that begins:BOSTON — Normally, Garrido v. Krasnansky, a divorce case playing out in Vermont family court, would be of little interest to anyone but the couple involved. But the court...Posted by Marcia Oddi on Thursday, January 10, 2008
Wednesday, January 02, 2008
Courts - "Fledgling Kentucky public defender takes case to highest court"
Not only the Indiana voter ID cases, but the Kentucky lethal injection case (see Sept. 28th ILB entry here) will be heard by the SCOTUS next week. Lethal injections will be Monday, Jan. 7th, voter ID will be Wed., Jan....Posted by Marcia Oddi on Wednesday, January 02, 2008
Friday, December 28, 2007
Courts - "Ohio Supreme Court upholds cap on damages"
From a story by Kimball Perry in the Cincinnati Enquirer:The Ohio Supreme Court upheld a state law Thursday that limits how much a person injured by a defective product can collect in pain-and-suffering damages - a nationally watched case that...Posted by Marcia Oddi on Friday, December 28, 2007
Thursday, December 20, 2007
Courts - Still more on: Florida "Lawyer may lose license for blog entry on Broward judge"
Here is the initial ILB entry from Dec. 14th. It was follwed by this entry from later that same day. Today Jordana Mishory of the Daily Business Review has an interesting article titled "Attorney Whose Blog Post Blasted Controversial Judge...Posted by Marcia Oddi on Thursday, December 20, 2007
Tuesday, December 18, 2007
Courts - Still more on: Illinois Judge Refused Post-Wreck DUI Test While Another Judge Ditched Beer
Remember this Illinois story from 2006, which coincided with reports here of "Marion Superior Court judge accused of drunken driving." An update today from the St. Louis Post Dispatch, reported by Nicholas J.C. Pistor:CHICAGO — Two St. Clair County judges...Posted by Marcia Oddi on Tuesday, December 18, 2007
Monday, December 17, 2007
Courts - More on "Sentencing Commission Votes to Allow Retroactive Easing of Crack Cocaine Sentences"
Updating this ILB entry from Dec. 12th, Adam Litpak, NYT law columnist, writes today that the changes of the last week: (1) the two Supreme Courts opinions, and (2) the changes by the U.S. Sentencing Commission, will make little total...Posted by Marcia Oddi on Monday, December 17, 2007
Friday, December 14, 2007
Courts - More on: Florida "Lawyer may lose license for blog entry on Broward judge"
The WSJ Law Blog has now picked up on the Florida story cited by the ILB earlier this morning. The WSJ post, headed "Should Lawyer Be Disbarred For Harsh Criticism Of a Judge," is available here. It will be interesting...Posted by Marcia Oddi on Friday, December 14, 2007
Courts - Florida "Lawyer may lose license for blog entry on Broward judge"
Tonya Alanez reported yesterday in the South Florida Sun-Sentinel:A defense attorney's law license is at risk because he posted an angry description on the Internet of embattled Broward Circuit Judge Cheryl Alemán, calling her an "evil, unfair witch."Last week, as...Posted by Marcia Oddi on Friday, December 14, 2007
Wednesday, December 12, 2007
Courts - "Sentencing Commission Votes to Allow Retroactive Easing of Crack Cocaine Sentences"
Mark Sherman of the AP reported earlier today in a story that begins:The U.S. Sentencing Commission voted unanimously Tuesday to allow some 19,500 federal prison inmates, most of them black, to seek reductions in their crack cocaine sentences. The commission,...Posted by Marcia Oddi on Wednesday, December 12, 2007
Monday, December 10, 2007
Courts - Two big federal sentencing decisions today from the SCOTUS
To learn more, start with this post from Sentencing Law Blog, titled "A quick take on winners and losers in Gall and Kimbrough." And see this story by the AP's Mark Sherman. A quote: WASHINGTON (AP) -- The Supreme Court...Posted by Marcia Oddi on Monday, December 10, 2007
Friday, December 07, 2007
Courts - Still more on "Motion suggests guardian to oversee dogs seized from Vick home"
Updating this ILB entry from Oct. 17th, the Gary Post-Tribune is reporting:A Valparaiso University law professor has recommended that the remaining 47 pit bulls seized from suspended NFL star Michael Vick's dogfighting operation be placed with rescue organizations Rebecca J....Posted by Marcia Oddi on Friday, December 07, 2007
Thursday, December 06, 2007
Courts - State trial court information online
The WSJ Law Blog has just posted an interesting entry about accessing a NY trial court complaint online:Here we were thinking how valiant we were for trudging over to the New York state courthouse to find the answer to the...Posted by Marcia Oddi on Thursday, December 06, 2007
Courts - "Time for Cameras: Those who are interested shouldn't have to line up overnight to watch Supreme Court debates"
The Washington Post published this editorial this morning:SOME 70 members of the public queued up in frigid conditions early yesterday -- some camping out overnight -- for a chance to witness the historic Supreme Court argument on the rights of...Posted by Marcia Oddi on Thursday, December 06, 2007
Monday, December 03, 2007
Courts - "There is no such thing as grandparents' rights. A right is something you're entitled to. Therefore, there can't be grandparents' visitation rights,"
That is a quote from the mother's attorney after a successful Illinois Supreme Court ruling involving the child's grandmother. Here are quotes from an editorial yesterday in the Sauk Valley Newspapers (serving Dixon, Sterling and Rock Falls, Illinois). From the...Posted by Marcia Oddi on Monday, December 03, 2007
Friday, November 30, 2007
Courts - SCOTUS hears arguments in Rowe v. NH Motor Transport
The SCOTUS heard oral arguments yesterday in Rowe v. NH Motor Transport, a case with potential Indiana impact. Here is the SCOTUSBlog entry and their Wiki page on the case, which states the issue as:Does the Federal Aviation Administration Authorization...Posted by Marcia Oddi on Friday, November 30, 2007
Wednesday, November 28, 2007
Courts - Tennessee attorney is loser in Kentucky malpractice lawsuit
Andrew Wolfson has an interesting, an lengthy, story today in the Louisville Courier Journal that begins:He has been called the lawyer "sued on both ends" -- losing lawsuits filed against him by his client and by the Louisville surgeon his...Posted by Marcia Oddi on Wednesday, November 28, 2007
Tuesday, November 27, 2007
Courts - "A Judge’s ‘Inexplicable Madness’ Over a Cellphone"
Howard Bashman's How Appealing has all the links that go with a story today from the Buffalo News that begins, "A state panel has ordered City Judge Robert M. Restaino removed from the bench for jailing 46 defendants after a...Posted by Marcia Oddi on Tuesday, November 27, 2007
Friday, November 23, 2007
Courts - More on "Where Have You Gone, Sherman Minton?"
On Dec. 12, 2006, the ILB posted an entry titled "Where have you gone, Sherman Minton?" , noting that: "The ILB took a look at the paper, given that Justice Minton was a Hoosier (New Albany) and a 7th Circuit...Posted by Marcia Oddi on Friday, November 23, 2007
Courts - "North Dakota should require proper findings by judges before sealing court records"
From a press release dated Nov. 20th by The Reporters Committee for Freedom of the Press:Court records should not be sealed unless a judge makes specific findings of fact, as required by the U.S. Supreme Court and the Supreme Court...Posted by Marcia Oddi on Friday, November 23, 2007
Tuesday, November 20, 2007
Courts - SCOTUS will hear 2nd amendment case
The SCOTUSBlog is reporting this afternoon, in an entry that begins:After a hiatus of 68 years, the Supreme Court on Tuesday agreed to rule on the meaning of the Second Amendment — the hotly contested part of the Constitution that...Posted by Marcia Oddi on Tuesday, November 20, 2007
Monday, November 19, 2007
Courts - Cell phones in courtrooms
The ILB has had a number of entries on bans on cell phones and cameras in Indiana courtrooms and courthouses. Today, this National Law Journal report from Massachusetts that begins:The Massachusetts Appeals Court upheld a lower court's witness intimidation jury...Posted by Marcia Oddi on Monday, November 19, 2007
Tuesday, November 13, 2007
Court - More on: Reduced crack cocaine federal sentencing guidelines effective Niov. 1
Updating this ILB entry from Nov. 1, Darryl Fears of the Washington Post reports today on retroactivity, in a story that begins:An independent panel is considering reducing the sentences of inmates incarcerated in federal prisons for crack cocaine offenses, which...Posted by Marcia Oddi on Tuesday, November 13, 2007
Sunday, November 11, 2007
Courts - "Desegregation Rulings Cause Confusion"
There is a long and very interesting article in the Washington Post today, written by Allen G. Breed of the AP. Some quotes:Hasn't the U.S. Supreme Court consistently moved away from using race as a factor in deciding where kids...Posted by Marcia Oddi on Sunday, November 11, 2007
Thursday, November 08, 2007
Courts - "Aren’t we also behind the technology curve on this?"
The WSJ Blog asks that question this afternoon, with respect to a need for easy electronic access by the public to federal and state court documents. The ILB heartily agrees....Posted by Marcia Oddi on Thursday, November 08, 2007
Sunday, November 04, 2007
Courts - "UCLA Law School and the Rand Corp. launched an alliance Friday to study secrecy in the nation's civil justice system"
From a story by Henry Weinstein in the Nov. 3rd Los Angeles Times:Michael Rich, Rand's executive vice president, expressed dismay that in recent years the civil justice system has seemed to be moving away from public scrutiny, with fewer trials...Posted by Marcia Oddi on Sunday, November 04, 2007
Thursday, November 01, 2007
Court - Reduced crack cocaine federal sentencing guidelines effective today
Erik Potter of the Gary Post-Tribune has the only Indiana story the ILB has seen on this. It begins:New federal sentencing guidelines are set to go into effect today that will reduce the average sentence for a crack cocaine offense...Posted by Marcia Oddi on Thursday, November 01, 2007
Sunday, October 28, 2007
Courts - "Judicial Races Now Rife With Politics"
That is the headline to a long story on page 1 of the Sunday Washington Post, reported by Robert Barnes. Some quotes:Judicial elections are an almost uniquely American invention, with a patchwork of more than 16 selection systems spread across...Posted by Marcia Oddi on Sunday, October 28, 2007
Friday, October 26, 2007
Courts - Kentucky Supreme Court joins 16 other states, including Indiana, with online webcasts of oral arguments
Brett Barrouquere of the AP reported yesterday in the Louisville Courier Journal:The Kentucky Supreme Court is going live and online. The high court started showing oral arguments yesterday through a Web site, joining at least 16 other states in employing...Posted by Marcia Oddi on Friday, October 26, 2007
Tuesday, October 23, 2007
Courts - More on: Pennsylvania Rule Prohibiting Judicial Candidates’ Speech Enjoined
This ILB entry from May 14th quoted a press release from attorney James Bopp, Jr., lead counsel for the plaintiffs in a Pennsylvania suit, stating that: "Federal District Court Judge Marvin Katz has granted a preliminary injunction against provisions of...Posted by Marcia Oddi on Tuesday, October 23, 2007
Courts - "Lawsuit Targets Facebook Mobile Texting"
According to an AP story out of San Francisco written by Michael Liedtke (and picked up this morning by the Indy Star), an Indiana woman (from Patriot, IN) with a Chicago attorney is bringing suit in a San Jose CA...Posted by Marcia Oddi on Tuesday, October 23, 2007
Monday, October 22, 2007
Courts - More on "For the elite of the Supreme Court Bar, this is the Gilded Age. Or call it the Age of the Guild"
Updating this ILB entry from earlier today, Richard Lazarus has now made his article, "Advocacy Matters Before and Within the Supreme Court: Transforming the Court By Transforming the Bar" . to be published in the Georgetown Law Journal, Vol. 96,...Posted by Marcia Oddi on Monday, October 22, 2007
Courts - "For the elite of the Supreme Court Bar, this is the Gilded Age. Or call it the Age of the Guild"
The is the introduction to Tony Mauro's article today in Legal Times, headed "New Study Suggests Veteran Advocates Sway Supreme Court." Some quotes from the beginning of the lengthy article:The Court's docket continues to shrink. Yet dramatic new research by...Posted by Marcia Oddi on Monday, October 22, 2007
Saturday, October 20, 2007
Courts - "The Indianapolis Museum of Art wanted its Caravaggio back"
So begins this story today in the NY Times, reported by Anemona Hartocollis, about the problems resulting from the closing of a gallery:They were among dozens of claimants, mainly lawyers, in a Manhattan courtroom yesterday to pick at the chaos...Posted by Marcia Oddi on Saturday, October 20, 2007
Thursday, October 18, 2007
Courts - "New rules on court records often ignored"
The ILB has posted many entries on sealed documents and on wrongfully sealed case files - here is a list of some of them, involving both Indiana and other states. Florida has had a particularly egregious incidence of secret dockets....Posted by Marcia Oddi on Thursday, October 18, 2007
Courts - Wrap-up on "McDonald's sanctioned in strip-search case"
Updating this ILB entry from Oct. 5th, which quoted from a Louisville Courier Journal story headed "Ogborn awarded $6.1 million in strip-search hoax in Kentucky case against McDonald's," Andrew Wolfson of the LCJ has a very long feature today on...Posted by Marcia Oddi on Thursday, October 18, 2007
Wednesday, October 17, 2007
Courts - More on "Motion suggests guardian to oversee dogs seized from Vick home"
Updating yesterday's ILB entry, Dan McFeely of the Indianapolis Star today reports on the Valpo Law prof's appointment in the Michael Vick pit bull situation. Some quotes:Should Michael Vick's pit bulls live or die? That is a decision that will...Posted by Marcia Oddi on Wednesday, October 17, 2007
Tuesday, October 16, 2007
Courts - "Motion suggests guardian to oversee dogs seized from Vick home"
"RICHMOND, Va. — Federal authorities on Monday filed a motion asking that a Valparasio law professor oversee the outcome of dozens of dogs seized from Atlanta Falcons quarterback Michael Vick's home." So begins this AP story by Michael Felberbaum that...Posted by Marcia Oddi on Tuesday, October 16, 2007
Sunday, October 14, 2007
Courts - "Demystifying the U.S. Supreme Court's Cert Granted Process"
Howard Bashman of How Appealing has posted a very useful article on the Supreme Court's cert review process. Here is a sample:Fortunately, thanks to the Internet, the debate over whether the cert pool is a useful development -- or, instead,...Posted by Marcia Oddi on Sunday, October 14, 2007
Friday, October 12, 2007
Courts - Still more on: Illinois chief justice doesn't just get mad, he sues
Updating this June 22nd ILB entry about the Chief Justice of Illinois' successful libel suit against a small Illinois newspaper, the Kane County Chronicle, the ABA Journal reports today:The chief justice of the Illinois Supreme Court has settled his libel...Posted by Marcia Oddi on Friday, October 12, 2007
Courts: Women now make up 1/3 of Kentucky judiciary per report by Sec'y of State
See this entry by Michael Stevens in the Kentucky Law Blog, including this quote from the Northern Kentucky Post.:In 1995, there was just one woman on the Court of Appeals and one on the Supreme Court. Today, two women sit...Posted by Marcia Oddi on Friday, October 12, 2007
Thursday, October 11, 2007
Courts - "Leave it to Texas to put a stop to executive overreaching"
The ILB's favorite Supreme Court writer is Dahlia Lithwick, who writes for Slate and appears on NPR's Day to Day. Here is a paragraph from a column posted yesterday:Medellin v. Texas could be a law-school exam unto itself. It touches...Posted by Marcia Oddi on Thursday, October 11, 2007
Wednesday, October 10, 2007
Courts - ABA establishes judicial disqualification project, names IU prof
A release from IU Law-Bloomington:The American Bar Association has established a project to study judicial disqualification, called "The Judicial Disqualification Project," and asked Professor Charles Geyh to serve as director. Kate Lee (2L) will serve as assistant to the director....Posted by Marcia Oddi on Wednesday, October 10, 2007
Courts - Merrillville native Maureen Mahoney featured in WSJ Law Blog entry today
Merrillville native Maureen Mahoney, who has been on short-lists for the Supreme Court, has been the subject of several ILB entries. Today the WSJ Law Blog focuses on Ms. Mahoney, her brief in the appeal of Joe Nacchio, and her...Posted by Marcia Oddi on Wednesday, October 10, 2007
Friday, October 05, 2007
Courts - Updating "McDonald's sanctioned in strip-search case"
"Ogborn awarded $6.1 million in strip-search hoax in Kentucky case against McDonald's" is the headline of a story posted this afternoon by the Louisville Courier Journal. Andrew Wolfson reports:A Bullitt County jury has found McDonald's Corp. liable in Louise Ogborn's...Posted by Marcia Oddi on Friday, October 05, 2007
Courts - "Oyez Releases Oral Arguments for 2006-07 Term"
This is exciting. The SCOTUS Blog announced this afternoon that "Earlier today, the Oyez Project made available audio files of all Supreme Court oral arguments from the October 2006 term." So the ILB took a look at the Oyez page...Posted by Marcia Oddi on Friday, October 05, 2007
Wednesday, October 03, 2007
Courts - Former NY Court's highest judge regains law license
"Sol Wachtler Got His Law License Back" is the headline to this post by Peter Lattman in the WSJ Blog, including links to other stories. The ILB has covered this story over the years; check here for earlier entries....Posted by Marcia Oddi on Wednesday, October 03, 2007
Monday, October 01, 2007
Courts - Cameras in the courtroom
Definitely worth watching, the 2 hour and 30 minute U.S. House Judiciary Committee Hearing on Cameras in Federal Courts, via C-SPAN, which took place 9/27/07. Much mention is made of the state courts' having figured out how to successfully allow...Posted by Marcia Oddi on Monday, October 01, 2007
Courts - "A guide to key cases on the Supreme Court's 2007-2008 docket"
From the Washington Post, a very nice "A guide to key cases on the Supreme Court's 2007-2008 docket" that begins with the Indiana voter ID case....Posted by Marcia Oddi on Monday, October 01, 2007
Courts - The First Monday in October
Today is of course the first Monday in October and the Supreme Court of the United States is beginning a new term. See stories this morning by Tony Mauro, Linda Greenhouse, and David G. Savage. Here, via the Washington Post,...Posted by Marcia Oddi on Monday, October 01, 2007
Friday, September 28, 2007
Courts - Kentucky lethal injection case granted cert Tuesday by SCOTUS [Updated]
James R. Carroll of the Louisville Courier Journal reported Sept. 25th in a story that began:The Supreme Court agreed yesterday to hear a Kentucky case that challenges the constitutionality of the mix of drugs used in lethal injections. This will...Posted by Marcia Oddi on Friday, September 28, 2007
Courts - More on Indiana Voter ID Law goes to Supreme Court
Daniel P. Tokaji, a law professor at Ohio State University, where he teaches election law, has an Op-Ed piece today in the LA Times. It begins:The U.S. Supreme Court announced this week that it would hear a challenge to an...Posted by Marcia Oddi on Friday, September 28, 2007
Thursday, September 27, 2007
Courts - "Supreme Court to Address Pharmaceutical Companies' Protection From State Suits" [Updated]
AP reporter Christopher S. Rugaber writes today:The Supreme Court said Tuesday it will decide a case that centers on whether federal regulation of pharmaceuticals pre-empts state law. The case involves a product liability lawsuit against Pfizer's Warner-Lambert unit. A group...Posted by Marcia Oddi on Thursday, September 27, 2007
Wednesday, September 26, 2007
Courts - Still more on: Outcome of Indiana cert petitions to SCOTUS - voter ID review gets nod
Stories today on the Indiana voter ID case: "High court takes case on voter ID in Indiana: Ruling on state law may affect elections across the U.S." reported by Rob Schneider of the Indianapolis Star. "Justices to consider voter IDs:...Posted by Marcia Oddi on Wednesday, September 26, 2007
Tuesday, September 25, 2007
Courts - More on: Outcome of Indiana cert petitions to SCOTUS - voter ID review gets nod
Updating this ILB entry from earlier today, Reuters has this report this afternoon. Lyle Denniston of SCOTUS Blog has an entry titled "Analysis: An election issue for an election year," here. A quote:The Justices will be deciding on the constitutionality...Posted by Marcia Oddi on Tuesday, September 25, 2007
Courts - Outcome of Indiana cert petitions to SCOTUS [Updated]
A pair of Indiana voter ID cases on the order list were granted cert: 07-21 ) CRAWFORD, WILLIAM, ET AL. V. MARION CTY. ELECTION BD., ET AL. ) 07-25 ) IN DEMOCRATIC PARTY, ET AL. V. ROKITA, IN SEC. OF...Posted by Marcia Oddi on Tuesday, September 25, 2007
Courts - Outcome of Indiana cert petitions to SCOTUS
The SCOTUS Blog reports this morning:The Court is scheduled to release orders at 10 a.m. Eastern of cases granted at yesterday's conference. We will provide coverage as soon as the list becomes available.Three Indiana cases on the list were discussed...Posted by Marcia Oddi on Tuesday, September 25, 2007
Monday, September 24, 2007
Courts - More on: Indiana cert petitions to SCOTUS to be considered Sept. 24th
Updating this ILB entry from Saturday, which listed three Indiana-based cases eligible for cert grant at the SCOTUS conference today, including Indiana's voter ID case, Crawford v. Marion County Election Board, Adam Littak has a timely column today in the...Posted by Marcia Oddi on Monday, September 24, 2007
Saturday, September 22, 2007
Courts - Indiana cert petitions to SCOTUS to be considered Sept. 24th
According to SCOTUS Blog, among the cert petitions more likely to be granted on Monday, Sept. 24th is the case of Gilles v. Blanchard, et al. (06-1617), a case involving religious speech on a public university campus. The university is...Posted by Marcia Oddi on Saturday, September 22, 2007
Courts - Now there are two: Idaho joins Indiana as only states where no women on highest court
"Horton gets high court job" is the headline to this story earlier this week in the Spokesman Review, out of Spokane Washington.Betsy Russell reports:BOISE – Gov. Butch Otter appointed 4th District Judge Joel Horton to replace retiring Justice Linda Copple...Posted by Marcia Oddi on Saturday, September 22, 2007
Wednesday, September 19, 2007
Courts - More on "Transcripts of Federal Court Proceedings Nationwide To Be Available Online"
This ILB entry yesterday ended with "The release contains a number of other interesting items." Here is one of this, as reported in this Legal Times story by Joe Palazzolo headed "Judicial Conference Votes to Curb Career Clerks":As expected, the...Posted by Marcia Oddi on Wednesday, September 19, 2007
Courts - Continuing with "McDonald's sanctioned in strip-search case"
Today's story is headed "Ex-agent tells how hoax caller wielded power: Jurors also see first part of strip search."...Posted by Marcia Oddi on Wednesday, September 19, 2007
Tuesday, September 18, 2007
Courts - "Transcripts of Federal Court Proceedings Nationwide To Be Available Online"
From a news release:The Judicial Conference of the United States today voted to make transcripts of federal district and bankruptcy court proceedings available online through the Judiciary's Public Access to Court Electronic Records (PACER) system. Under the new policy, transcripts...Posted by Marcia Oddi on Tuesday, September 18, 2007
Courts - Firms to market major civil trials, hearings, and oral arguments
ALM "currently owns and publishes 33 national and regional magazines and newspapers, including The American Lawyer, Corporate Counsel, The National Law Journal and Real Estate Forum." A press release announces:ALM, a leading media company serving legal and business professionals, and...Posted by Marcia Oddi on Tuesday, September 18, 2007
Courts - Still more on "McDonald's sanctioned in strip-search case"
The Louisville Courier Journal continues its all-out coverage of the McDonald's strip search trial. From today's lengthy report by Andrew Wolfson:One of McDonald's top lawyers acknowledged yesterday that the voice-mail warning the company sent about strip-search hoaxes to its Mount...Posted by Marcia Oddi on Tuesday, September 18, 2007
Monday, September 17, 2007
Courts - South Carolina's judicial selection process
The Charleston, South Carolina Post and Courier reports today on a legislative study underway in the state to perhaps allow public election of judges. Currently, the judges are elected by lawmakers. Yvonne Wenger writes:COLUMBIA — South Carolina is one of...Posted by Marcia Oddi on Monday, September 17, 2007
Courts - More on: Furor Over Presentence Story About Jurors
Updating this ILB entry from Sunday about a Connecticut paper's disclosure of information, including names, of newly selected jurors in a high-profile case, the NY Times has a brief story today by Desiree J. Hanford, headed "A Newspaper Defends Naming...Posted by Marcia Oddi on Monday, September 17, 2007
Sunday, September 16, 2007
Courts - In Connecticut: Furor Over Presentence Story About Jurors
Martha Nell of the ABA Journal had a really interesting story Friday about a front-page story in the Connecticut Post naming and detailing jurors in a high-profile case. Some quotes from the ABA story:An unusual front-page newspaper article about jurors...Posted by Marcia Oddi on Sunday, September 16, 2007
Saturday, September 15, 2007
Courts - New book about the Supreme Court
Read NPR's Nina Totenberg's review of the new Jeffrey Toobin book, The Nine, plus read the first chapter of the book itself....Posted by Marcia Oddi on Saturday, September 15, 2007
Courts - Missouri chief justice defends "Missouri plan" for judicial selections
Virginia Young of the St. Louis Post-Dispatch reported this week:JEFFERSON CITY — Missouri Supreme Court Chief Justice Laura Denvir Stith defended the state's nonpartisan court plan on Tuesday, calling it "a brilliant compromise" that minimizes politics in the judicial selection...Posted by Marcia Oddi on Saturday, September 15, 2007
Friday, September 14, 2007
Courts - Monday is Constitution Day
The Indiana Supreme Court is hosting an event:The Indiana Supreme Court's "Courts in the Classroom" program, in collaboration with the U.S. District Court for the Southern District of Indiana and the Indiana Department of Education, will host a one-hour educational...Posted by Marcia Oddi on Friday, September 14, 2007
Wednesday, September 12, 2007
Courts - Pennsylvania Chief Justice Cappy stepping down
Gina Passarella of The Legal Intelligencer writes today in a lengthy report:In a stunning close to an at times tumultuous chapter in the Pennsylvania Supreme Court's history, Chief Justice Ralph J. Cappy told his colleagues in Pittsburgh Monday that he...Posted by Marcia Oddi on Wednesday, September 12, 2007
Monday, September 10, 2007
Courts - Protecting the identiy of innocents in appellate court opinions
"No Names, Please: The Virtual Victimization of Children, Crime Victims, the Mentally Ill, and Others in Appellate Court Opinions" is the title to an upcoming law journal article by Indiana University School of Law-Indianapolis professor Joel M. Schumm, to be...Posted by Marcia Oddi on Monday, September 10, 2007
Courts - "Supreme Court Memo: New Focus on the Effects of Life Tenure"
Linda Greenhouse of the NY Times has an interesting column today on life tenure. Some quotes:But it is beyond debate that interest in re-examining the wisdom of the Constitution’s grant of life tenure to Supreme Court justices, a lively topic...Posted by Marcia Oddi on Monday, September 10, 2007
Courts - "How Should a Federal Appellate Court Decide Whether an Appeal Should Be Orally Argued?"
Howard Bashman of How Appealing has an interesting article today in Law.com asking "How Should a Federal Appellate Court Decide Whether an Appeal Should Be Orally Argued?" It begins:The crush of an incredibly burdensome caseload has made oral argument a...Posted by Marcia Oddi on Monday, September 10, 2007
Sunday, September 09, 2007
Courts - More on "McDonald's sanctioned in strip-search case"
Updating this ILB entry from Friday, Andrew Wolfson has a very long story today in the Louisville Courier Journal headed "$200 million strip-search case to begin: Teen worker says McDonald's is to blame; company disagrees." It is accompanied by a...Posted by Marcia Oddi on Sunday, September 09, 2007
Saturday, September 08, 2007
Courts - Continuing saga of Kentucky fen-phen lawyers ordered to jail
"Court won't hear diet-drug lawyers' appeal: Bond hearing set for Monday" is the headline to Andrew Wolfson's story today in the Louisville Courier Journal. It begins:The three suspended lawyers accused of fraud in Kentucky's fen-phen case will be staying behind...Posted by Marcia Oddi on Saturday, September 08, 2007
Courts - Attorney sanctioned for plagiarizing material for briefs and by unreasonably billing his client for preparation of the briefs
Well, this is an attention getter. This order from an Iowa bankruptcy court, dated August 21, 2007 includes the following:After reading both briefs filed by Mr. Cannon, and concluding that both contained an extraordinary amount of research, the Court directed...Posted by Marcia Oddi on Saturday, September 08, 2007
Courts - California Chief Judge creates commission to study possible changes in state's judicial election laws
From a story by Bob Egelko in the San Francisco Chronicle that begins:California's chief justice, citing the increasing influence of money and partisan politics on judicial campaigns elsewhere, has created a commission to study possible changes in the state's judicial...Posted by Marcia Oddi on Saturday, September 08, 2007
Friday, September 07, 2007
Courts - Michigan lawyer courtesy rule overruled
From the ABA Journal:Controversial Michigan lawyer Geoffrey Fieger has won a round in his battle with Michigan state judges. A federal judge has struck down a state court rule used to sanction Fieger for calling state appeals judges jackasses in...Posted by Marcia Oddi on Friday, September 07, 2007
Courts - "McDonald's sanctioned in strip-search case"
Remember the case in Indiana where a man posing as a radio disc jockey tricked other men into disrobing? See this June 23rd ILB entry titled "Court overturns conviction in disc jockey charade" for background. Apparently someone or several people...Posted by Marcia Oddi on Friday, September 07, 2007
Sunday, September 02, 2007
Courts - Pressure continues in Missouri against the "Missouri plan" for judicial seelction; WSJ chimes in
"Is the "Missouri plan" in danger in Missouri?" is the title of an ILB entry from May 1, 2007, followed on August 1st with this entry titled "Problems in birthplace of the Missouri plan?." On August 14th the ILB quoted...Posted by Marcia Oddi on Sunday, September 02, 2007
Wednesday, August 22, 2007
Courts - Even more on: Kentucky fen-phen lawyers ordered to jail
Last Saturday, Aug. 18 we posted quotes from a story in the Louisville Courier Journal that:The defense and prosecution both say that a federal judge has no authority to hold a hearing Tuesday on whether the lawyers in Kentucky's fen-phen...Posted by Marcia Oddi on Wednesday, August 22, 2007
Monday, August 20, 2007
Courts - SCOTUS to make briefs centrally available online, the day after filing
This is a great development, as SCOTUSblog noted on Friday:That database will be an enormously helpful resource -- to litigants, counsel, scholars, students and researchers alike. The difficulty of finding all briefs in a readable format and a timely fashion...Posted by Marcia Oddi on Monday, August 20, 2007
Courts - Drafting an effective notice of appeal in the federal system
Howard Bashman's weekly column at Law.com this week is titled "You Call That a Notice of Appeal?." It concludes:Drafting an effective notice of appeal may seem deceptively easy, but unfortunately the consequence of failing to file an adequate notice of...Posted by Marcia Oddi on Monday, August 20, 2007
Sunday, August 19, 2007
Courts - "Sealed documents in otherwise 'unsealed' cases" redeux
This ILB entry from July 12th reported on the ILB's efforts to assure that there are docket entries in all cases on the appellate docket in Indiana, whether they are entirely sealed, or contain some sealed material. At the time,...Posted by Marcia Oddi on Sunday, August 19, 2007
Saturday, August 18, 2007
Courts - Yet more on: Kentucky fen-phen lawyers ordered to jail
Continuing the story of the jailed Kentucky fen-phen lawyers (see Wednesday's entry here), Andrew Wolfson of the Louisville Courier-Journal writes today under the headline "Jailed lawyers contest court hearing in diet-drug case: Parties say judge lost jurisdiction." Some quotes:The defense...Posted by Marcia Oddi on Saturday, August 18, 2007