January 25, 2004

Law - Martha Stewart's courtroom has a history

"If These Walls Could Testify: A Famed Courtroom For Martha Stewart," is the headline to a nice feature this morning in the Washington Post on the history of "Courtroom 110":Built in 1936, the Thurgood Marshall Courthouse (a name it received...
Posted by Marcia Oddi at 07:45 AM

January 24, 2004

Law - Several States Seek Constitutional Restrictions Against Same-Sex Marriage

"Lawmakers in several states seek tougher bans on gay marriage," is the headline to an AP analysis piece this morning published in a number of papers, including the Detroit News and the Evansville Courier & Press. Some quotes:Despite laws on...
Posted by Marcia Oddi at 10:33 AM

January 23, 2004

Law - 7th Circuit issues interesting ticket scalping decision

In Chortek v. City of Milwaukee (1/23/04 USCA 7th Cir.) the 15 plaintiffs alleged that the defendants had violated their constitutional rights when the plaintiffs were arrested for selling tickets in the vicinity of the Bradley Center, Milwaukee’s sports and...
Posted by Marcia Oddi at 02:15 PM

January 22, 2004

Law - Mayor Daley fights gun-sales bill that would block city suit

"Daley fights gun-sales bill that would block city suit," is the headline to this story today in the Chicago Tribune. Some quotes:Chicago Mayor Richard Daley called on Congress Wednesday to reject legislation that would block cities from suing gun dealers...
Posted by Marcia Oddi at 01:45 PM

Law - More on the U.S. Supreme Court CAA Ruling Yesterday

A number of stories today on the U.S. Supreme Court's decision in Alaska Dept. of Environmental Conservation v. EPA. (Scroll down for yesterday's ILB coverage and links.) David Savage reports here in the LA Times:The U.S. Supreme Court on Wednesday...
Posted by Marcia Oddi at 07:02 AM

January 21, 2004

Law - Supreme Court Affirms 9th Circuit in Alaska CAA Case

The U.S. Supreme Court today, in a 5-4 decision, upheld the ruling of the 9th Circuit in the case of Alaska Dept. of Environmental Conservation v. EPA, concerning EPA's overide of Alaska's exercise of delegated regulatory authority under the Clean...
Posted by Marcia Oddi at 10:33 AM

January 20, 2004

Law - Judge Poser on asylum on the basis of religious persecution

In Yordanos Muhur v. Ashcroft (1/20/04 USCA 7th Cir), Judge Posner, in reviewing an order of the board of immigration appeals that denied Yordanos Muhur's request for asylum and ordered her deportation, said at pp. 5-6:But the fatal flaw in...
Posted by Marcia Oddi at 02:09 PM

January 18, 2004

Law - Voting Problems Highlighted in NY Times Editorial

"Fixing Democracy" is the title of this editorial today in the NY Times. The Times says that the key principle behind our system of government is"that our leaders govern with the consent of the governed, [which] requires a process that...
Posted by Marcia Oddi at 05:33 PM

Law - Federalization of Common Crimes

"Making Federal Cases Out of Common Crimes: Robbers, pimps, wife-beaters, deadbeat dads and carjackers all have been targeted by Congress. These offenses could be prosecuted locally." So reads the headline today to this AP story in the LA Times. The...
Posted by Marcia Oddi at 09:17 AM

January 16, 2004

Law - More on the Religious Land Use and Institutionalized Person Act of 2000 (RLUIPA)

Yesterday morning NPR.org had a very interesting piece on the RLUIPA, a federal law that exempts religious groups from most land-use regulations. Listen to it here. Read earlier Indiana Law Blog entries on this law here, here and here. Here...
Posted by Marcia Oddi at 06:10 AM

January 14, 2004

Law - U.S. Supreme Court Today Affirms 7th Circuit Bankruptcy Ruling

Kontrick v. Ryan (02-819) affirms the 7th Circuit decision of 7/8/02, on an appeal from the ND Illinois, eastern division....
Posted by Marcia Oddi at 11:52 AM

Law - U.S. Supreme Court Rules on Illinois Police Checkpoint Case

The issue the Court decided yesterday was: Whether Indianapolis v. Edmond, 531 U.S. 32 (2000), prohibits police officers from conducting a checkpoint organized to investigate a prior offense, stopping all oncoming motorists to hand out flyers about the offense and...
Posted by Marcia Oddi at 08:31 AM

January 13, 2004

Law - Legislative Ethics Reports Online in Maryland

"Legislative Ethics Data Find Outlet On Internet," is the headline to this story today in the Washington Post. Some quotes:Five years after twin ethics scandals roiled both houses of the Maryland General Assembly, a public interest group is hoping to...
Posted by Marcia Oddi at 08:05 AM

January 09, 2004

Law - Supreme Court to hear Superfund case

The U.S. Supreme Court today agreed to hear Cooper Industries Inc. v. Aviall Services, Inc., 02-1192. According to the Washington Post, the Court will consider "whether companies can be forced to pay to clean up polluted property after they've sold...
Posted by Marcia Oddi at 02:46 PM

Law - 7th Circuit Rules on Constitutionality of Wisconsin DNA Statute

GREEN, NORMAN C. v. BERGE, GERALD A. (1/9/04 CA 7th Cir.) Evans, Circuit Judge The Court here upholds the Wisconsin law compelling felons in Wisconsin prisons to submit a DNA sample for analysis and storage in a data bank.The plaintiffs...
Posted by Marcia Oddi at 01:46 PM

Law - RE FOIA, be careful what you ask for

"Federal Charge of $25,280 to Fulfil Records Request Angers Activist," reads the headline to this story published yesterday in the LA Times. Some quotes:The U.S. Bureau of Land Management answers about 100 Freedom of Information Act requests a year in...
Posted by Marcia Oddi at 08:28 AM

January 08, 2004

Law - Dissemination of secrets uncovered in products liability lawsuits

Whether "design secrets uncovered in a product liability lawsuit can be disseminated to the public to protect consumer safety" is the subject of this article in Law.com. A quote:The case illustrates the continuing battle between corporate defendants and plaintiffs lawyers...
Posted by Marcia Oddi at 06:29 PM

Law - Outlook for corporate fraud

This analysis, titled "Trials, Trials, Trials, and Then What?" appears on the front-page of the business section of today's NY Times. The writer, Gretchen Morgenson, was awarded the Pulitzer Prize last year for beat reporting "for her trenchant and incisive...
Posted by Marcia Oddi at 08:23 AM

January 07, 2004

Law - More on Texas redistricting decision

Following up on our report yesterday (below) on the federal district court three-judge panel's (ED Tex) upholding of the Texas congressional redistricting plan are these stories from today's paper: "GOP Remap Of Districts In Texas Can Stand: Democrats Vow High...
Posted by Marcia Oddi at 08:15 AM

January 06, 2004

Law - Interesting DNA/privacy rulings by 9th Circuit

The facts are sketchy in this intriguing AP story published by Find.law, which reports that the 9th Circuit "reversed a three-judge panel's October ruling to stop [DNA] testing for federal inmates and parolees because it is an illegal invasion of...
Posted by Marcia Oddi at 05:05 PM

Law - Court upholds Texas redistricting law

This just posted on the Fort Worth Star-Telegram.com site:A three-judge panel Tuesday upheld Texas' new Republican-drawn boundaries for state's 32 congressional districts, ruling that the plan complies with both the U.S. Constitution and the federal Voting Rights Act. The ruling...
Posted by Marcia Oddi at 04:42 PM

Law - Price fixing in Genetically Modified Seed World?

A lengthy article today in the business section of the NY Times discusses talks held between Monsanto and Pioneer in the 1990s:Senior executives at the two biggest seed companies in the world met repeatedly in the mid- to late 1990's...
Posted by Marcia Oddi at 03:17 PM

Law - CA for 7th Circuit ruling in Lilly DES case

ALBERS, KATHERINE M. v. ELI LILLY & COMPANY (1/6/04 CA 7th Cir) Per Curiam (before Easterbrook, Manion and Kanne)PER CURIAM. More than a decade after she was diagnosed with a malformed uterus that the physician attributed to her mother’s ingestion...
Posted by Marcia Oddi at 02:14 PM

January 05, 2004

Law - The Constitution and the War on Terrorism

In this story today, Charles Lane of the Washington Post sets the stage for "key cases on the court's docket for early 2004 [that] will, to some extent, define the human rights of both Americans and non-Americans."That is because the...
Posted by Marcia Oddi at 07:56 AM

January 03, 2004

Law - Interesting Stories in Today's Washington Post

"Sikhs Seek Exemption From Ban In France: Community Fears Chirac Proposal's Effect on Turbans," found here, relates to the "planned French law to ban Muslim head scarves and other religious symbols from schools." "Guidelines for Mass," a short article found...
Posted by Marcia Oddi at 09:03 AM

January 02, 2004

Law - The Law of Holiday Decorations

A useful article (for next year) is "Holiday Decorations, and the Religion Clauses: What the Rules Are, And Why the Supreme Court Was Prescient to Clarify Them Decades Ago," by Professor Marci Hamilton, appearing here in the 1/1/04 Findlaw.com Legal...
Posted by Marcia Oddi at 03:37 PM

January 01, 2004

Law - Ted Kennedy and Chief Justice Agree on Feeney Amendment

Linda Greenhouse reports today in the NY Times that:Chief Justice William H. Rehnquist criticized Congress in unusually pointed terms on Wednesday for a recent law that places federal judges under special scrutiny for sentences that fall short of those called...
Posted by Marcia Oddi at 03:34 PM

December 31, 2003

Law - 7th Circuit Ruling on "Fair Use" Defense

Chicago Bd. Education v. Substance, Inc. (12/31/03 CA 7th Cir.) Posner, Circuit Judge Here the Board of Education sued the publisher, Schmidt, of a newsletter that quoted from the Board's copyrighted tests. Just a few quotes from the 14-page opinion...
Posted by Marcia Oddi at 04:50 PM

December 30, 2003

Law - Supreme Court of United States "opens up" somewhat

Tony Mauro, columnist for Legal Times, has a very interesting article today describing how the Supreme Court:... which has long resisted many aspects of the Information Age, is beginning to get more comfortable with greater transparency and openness. There were...
Posted by Marcia Oddi at 11:12 AM

December 28, 2003

Law - The Election of 1800 and the Slave Vote

Garry Wills' latest book, Negro President, examines the election of 1800, which Thomas Jefferson won over John Adams in the Electorial College. As Wills explains in an article in the New York Review of Books (which appears to have been...
Posted by Marcia Oddi at 06:32 PM

Law - 1789 Alien Tort Act Under Review

All in all, this is a slow time for law news. However, this lengthy piece in the Boston Globe today, with the headline "Will an obscure law bring down the global economy?" caught my eye. Some quotes:What is this dangerous...
Posted by Marcia Oddi at 09:21 AM

December 25, 2003

Law - More on redistricting

"The Supreme Court Considers Sophisticated Political Gerrymandering: Are Voting Rights Preserved If Boundaries are Drawn to Ensure Particular Election Outcomes?" So asks the title of this lengthy opinion piece today at Findlaw.com. Authored by Edward Lazarus, the article begins:In Isaac...
Posted by Marcia Oddi at 03:31 PM

December 23, 2003

Law - 7th Circuit "Internet Relationship" Ruling

USA v. Mitchell, John (12/23/03 USCA 7th Cir.) Rovner, Circuit Judge As stated by the Court:The Internet has opened the doors for many to transact business and personal affairs with almost complete anonymity. For fifty-year-old John Mitchell, it allowed him...
Posted by Marcia Oddi at 01:53 PM

Law & Technology - Good survey of 2003 high-tech legal issues

"Internet law in 2003 was full of surprises, with Congress passing an antispam bill, the courts blessing pop-up advertising, the music industry losing lawsuits and the Supreme Court finally upholding an Internet law." So reads the headline to this C/NET...
Posted by Marcia Oddi at 08:56 AM

December 22, 2003

Law - Trademark case re "Beanie Babies"

TY, INCORPORATED v. SOFTBELLY'S INC. (12/22/03 USCA 7th Cir.) Posner, Circuit Judge As stated by the Court:The issues at the trial were three. The first was whether “Beanies,” which Ty claims to be a common law trademark owned by it...
Posted by Marcia Oddi at 03:14 PM

December 21, 2003

Law - Texas Redistricting Suit

The Department of Justice has tentatively approved the Texas Republicans' congressional redistricting plan, according to a story on News 24 Houston:"This is one of several important steps in this whole redistricting process," Texas Attorney General Greg Abbott says. Abbott says...
Posted by Marcia Oddi at 08:11 PM

December 19, 2003

Law - Everything on Electronic Voting

This is cool - a whole collection of links covering many aspects of the electronic voting issue: Electronic Voting in Depth. Scroll down to Dec. 16th for earlier Indiana Law Blog coverage of this issue. And one more: "E-Voting Undermined...
Posted by Marcia Oddi at 11:48 AM

December 18, 2003

Law - 7th Circuit ruling re location of cellphone towers

PrimeCo Personal Communications d/b/a Verizon v. City of Mequon (12/18/03 CA 7th Cir) Posner, Circuit Judge This is an instructive analysis, as are most of Judge Posner's decisions. To set the stage:One of the concerns that led up to the...
Posted by Marcia Oddi at 07:32 PM

December 17, 2003

Sports Law - Coaches who prey on female athletes

"Coaches Who Prey: The Abuse of Girls and the System that Allows It," is the title of this multi-part series running this week in the Seattle Times. We've had a number of stories over the years here in Indiana, but...
Posted by Marcia Oddi at 04:13 PM

December 16, 2003

LAW - More on Electronic Voting Machine Issues

This article, "Considering Computer Voting," in Monday's NY Times, is a good supplement to The Indiana Law Blog's roundup on electronic voting published Dec. 9. In addition, here is an editorial titled "New Voting Machines for New York State: Promise...
Posted by Marcia Oddi at 08:47 PM

Law - 7th Circuit Denies Law Firm's FOIA Request

The Larkin Law Firm, P.C. v. Federal Trade Commission (12/16/03 USCA 7th Cir.) Evans, Circuit Judge People who are burglarized often receive a barrage of calls from alarm companies. Similarly, as recorded in this 7th Circuit opinion:When people feel so...
Posted by Marcia Oddi at 01:51 PM

December 15, 2003

Law - Even More on Redistricting

Today's Washington Post has several redistricting opinion pieces. This editorial, relating to the oral argument before the Supreme Court in Vieth v. Jubelirer, opines:Vieth asks the Supreme Court to consider some of the most basic ground rules for democratic government...
Posted by Marcia Oddi at 02:34 PM

December 14, 2003

Law - Same sex marriage, and divorce

The NY Times had a story this spring about the Vermont civil union law, noting that the Vermont law requires that only persons who have resided in the state for at least year can dissolve civil unions; 85 percent of...
Posted by Marcia Oddi at 07:30 PM

December 13, 2003

Law - Justice Breyer on Regulatory Reform

Tonight on C-Span:Justice Stephen Breyer. Last week, in a lecture hosted by the American Enterprise Institute and the Brookings Institution, Supreme Court Justice Stephen Breyer discussed regulatory reform and the judicial review of economic issues. Breyer's speech is featured on...
Posted by Marcia Oddi at 09:12 AM

December 12, 2003

Law - More on Redistricting

Linda Greenhouse, award-winning NY Times Supreme Court reporter, appeared for one-half hour on C-Span's Washington Journal this morning in the 8 a.m. segment. I believe you will be able to watch it here via RealVideo. In answer to a question,...
Posted by Marcia Oddi at 09:17 AM

December 10, 2003

Law - Supreme Court hears arguments in Pennsylvania redistricting case

The NY Times had an editorial this morning titled "Time to Draw the Line," which begins:The Supreme Court hears arguments today in a Congressional redistricting case that could have a significant impact on the state of our democracy. The case,...
Posted by Marcia Oddi at 07:55 PM

Law - McCain-Feingold upheld by Supreme Court, to the surprise of many

The Supreme Court today issued its opinion (298 pages) in MCCONNELL, UNITED STATES SENATOR, ET AL. v. FEDERAL ELECTION COMMISSION ET AL., upholding in most parts the Bipartisan Campaign Reform Act of 2002 (BCRA), aka McCain-Feingold, including the bans on...
Posted by Marcia Oddi at 02:20 PM

Law - Yesterday's Miranda arguments before the Supreme Court

Updating our entry from this weekend on the Miranda cases to be argued before the Supreme Court yesterday are two stories this morning. This story, by Linda Greenhouse of the NY Times, begins:Three years after the Supreme Court reaffirmed its...
Posted by Marcia Oddi at 08:19 AM

December 09, 2003

Indiana Law - Bah, Humbug!

This entry in the SW Virginia Law Blog, headlined "Ignorant Grinch of a law school dean," certainly caught my eye. It links to the Dec. 5 Indianapolis Star story titled "Tree display vexes law school: Changing evergreen to winter scene...
Posted by Marcia Oddi at 05:52 PM

Law - Homeless man may argue before Supreme Court

A really fascinating human-interest story in today's LA Times, is headlined: "A Most Unusual Lawyer: A homeless man with psychological scars is challenging Texas over a Ten Commandments statue. The Supreme Court may take his case." Some quotes:A former defense...
Posted by Marcia Oddi at 12:01 PM

Law - Electronic voting machine issues

A story today in the Washington Post gives a good overview of the challenges facing electronic-voting-machine manufacturers. A quote:Although less than 20 percent of the nation's counties use electronic voting machines, their use is growing in the wake of the...
Posted by Marcia Oddi at 11:48 AM

December 08, 2003

Law - NY federal judges protest the Feeney amendment

New York federal judges protest "a new sentencing law that they say represents a breach in the separation of powers and bullies them into handing down harsher sentences," according to this story today in the NY Times. A quote:"It's a...
Posted by Marcia Oddi at 05:43 PM

Law - Miranda focus of Supreme Court arguments this week

This story in today's LA Times is headlined "High Court to Consider Rights Within Miranda: Some experts fear the landmark ruling is in peril as justices prepare to hear three cases on possible penalties for its violation by police." The...
Posted by Marcia Oddi at 06:28 AM

December 07, 2003

Law - Access to noncopyrighted data in copyrighted program

Assessment Technologies of WI, LLC v. WIREdata, Inc. (11/25/03 USCA 7th Cir.) Posner, Circuit Judge This opinion, that I just had the opportunity to read, is a tutorial in copyright law, particularly as it applies to databases. Several municipalities in...
Posted by Marcia Oddi at 05:11 PM

December 04, 2003

Law - Reapportionment featured on Diane Rehm Show

The Diane Rehm Show this morning (12/4/03) features a very good discussion of the various aspects of reappointment. Here is the link. I plan to listen again, and this time take notes....
Posted by Marcia Oddi at 10:51 AM

Law - Constitutional interpretation problem in South Carolina

We have our Indiana constitutional interpretation problem with whether the post-session gubernatorial vetoes going back decades were valid (see D&M Healthcare links). In South Carolina, the question is "whether Governor Mark Sanford can legally hold a commission in the U.S....
Posted by Marcia Oddi at 07:47 AM

December 03, 2003

Law - More on Punitive Damages

A very interesting article today on punitive damages, from the LA Times. Here is the lead:In 1994, it was the biggest punitive damages judgment in history: $5.3 billion that an Alaskan federal jury awarded to fishermen and others whose livelihoods...
Posted by Marcia Oddi at 04:47 PM

Law - Bidding Issues: New York Erie Canal project

I saw the first reports on this then developing story in September in the NY Times. That coverage is now longer available online (although you may purchase it from the NY Times here) but the headline was "Selling Off Access...
Posted by Marcia Oddi at 11:26 AM

December 02, 2003

Law - Supreme Court to clarify Ring v. Arizona

"High Court to Clarify Ruling on Capital Punishment: Justices Take Up Cases on Judge-Only Sentencing and a Death Row Inmate's Civil Rights," is the headline this morning to this story in the Washington Post. The lead:The Supreme Court announced yesterday...
Posted by Marcia Oddi at 07:02 AM

November 29, 2003

Law - Punitive Damages, Bedbugs, and the 7th Circuit

I've been collecting items for this entry for some time, but the tipping point occurred this morning with a feature on NPR's Morning Edition described as "about a recent federal appeals court ruling in a case involving bedbugs. The ruling...
Posted by Marcia Oddi at 11:09 AM

Law - Redistricting decision expected Monday in Colorado

The Indiana Law Blog last covered this issue in an Oct. 26, 2003 entry, where we included this quote from an excellent and still available, at least as of this morning, Washington Post story:Both plans [Colorado and Texas] are under...
Posted by Marcia Oddi at 09:51 AM

November 22, 2003

Law - Chief Justice of Indiana on C-Span's "America & the Courts"

C-Span's weekly series, America & the Courts, this week featured: "Chief Justice of the United States William Rehnquist [speaking] with state chief justices from supreme courts around the nation at a conference in Williamsburg, Virginia. They discuss differences in state...
Posted by Marcia Oddi at 08:18 PM

November 18, 2003

Law - Massachusetts Supreme Court rules on same-sex marriage

The Massachusetts Supreme Court delivered its decision today in Goodridge v. Department of Public Health, ruling (4-3) that same-sex couples are entitled to marriage licenses under Massachusetts law. A quote from the first page of the opinion:The question before us...
Posted by Marcia Oddi at 10:43 AM

November 13, 2003

Law - Indiana's Chief Justice to Join Rehnquist Panel in Virginia

As announced in a Supreme Court release today:Indiana Chief Justice Randall T. Shepard will join a prestigious panel of jurists and legal scholars to discuss the relationship between state and federal constitutions. The event, titled “Dual Enforcement of Constitutional Norms”...
Posted by Marcia Oddi at 12:49 PM

Indiana Law - Living wills in Indiana; Florida Terri Schiavo case and the separation of powers

Tuesday (11/11/03) the Indianapolis Star had an excellant feature on living wills. Access it here. Indiana Code 16-36-4, concerning living wills and life prolonging procedures, may be found here. The entire Indiana Code article on medical consent, IC 16-36, may...
Posted by Marcia Oddi at 08:33 AM

November 12, 2003

Law - Bankruptcy cases in the news

On Monday, November 10, 2003 the U.S. Supreme Court heard oral arguments in a bankruptcy case, Lamie v. U.S. Trustee. Goldstein and Howe, the firm that posts the SCOTUSblog, argued the case for the petitioner and presents a good, and...
Posted by Marcia Oddi at 09:25 AM

November 11, 2003

Law - Who determines whether federal executive action is subject to judicial review - the executive or the courts?

A November 3rd ILB entry, titled "What degree of deference does the judiciary branch owe the executive for actions taken in the name of national security?" reported on Linda Greenhouse's NY Times analysis of that date, in which she explored...
Posted by Marcia Oddi at 06:37 AM

November 10, 2003

Law - "Impact fees" to pay for the costs of development

The NWI Times has an interesting story this morning, datelined Chesterton, and headlined "Cities consider using impact fees: Local leaders get lesson in complex process to pay for costs of development." Some quotes:The fees are collected from builders to reimburse...
Posted by Marcia Oddi at 09:39 AM

Law - Indiana Economic Development Techniques under the Spotlight

An important story today on the front page of the NY Times, headlined "States Pay for Jobs, but It Doesn't Always Pay Off," focuses on Indianapolis' experience with United Air Lines. Some quotes:That is what happened. United Airlines got $320...
Posted by Marcia Oddi at 06:47 AM

November 09, 2003

Law - Various Sunday stories of interest

Starting with the LA Times, there is this news analysis headlined "States' Tobacco Settlement Has Failed to Clear the Air," that begins:A landmark legal settlement forged by the four top cigarette makers and state attorneys general snuffed out the companies'...
Posted by Marcia Oddi at 05:24 PM

November 07, 2003

Law - Circuits Split on RLUIPA Applicability to Institutionalized Persons

Now this IS interesting. On 10/30/03 the 7th Circuit (Bauer, Coffey, and Diane P. Wood), in Charles v. Verhagen, affirmed a district court ruling (WD Wis.) that the RLUIPA (Religious Land Use and Institutionalized Persons Act) "was a constitutional exercise...
Posted by Marcia Oddi at 04:42 PM

November 06, 2003

Law - "Informational" Roadblocks at Issue before U.S. Supreme Court

As reported today here in the Washington Post:A legal struggle of potential importance to every American who drives a car occupied center stage at the Supreme Court yesterday as the justices heard oral argument in a case that could determine...
Posted by Marcia Oddi at 12:34 PM

November 05, 2003

Law - Followup on Pork Check-off Program Entry

Last Saturday the ILB had an entry titled "Law - 6th Circuit Upholds District Court's Ruling that Pork Checkoff Program is Unconstitutional." Access it here. This Andrea Neal opinion piece today in the Indianapolis Star is headlined: "Got cash? Farmers...
Posted by Marcia Oddi at 07:06 AM

November 04, 2003

Law - Supreme Court to review Wilderness Policy

Do the federal courts have jurisdiction to consider claims before an agency has announced a final policy? The Boulder Daily Camera reports here that the Supreme Court granted certiorari in Norton v. Southern Utah Wilderness Alliance, where "it will review...
Posted by Marcia Oddi at 01:30 PM

November 03, 2003

Law - What degree of deference does the judiciary branch owe the executive for actions taken in the name of national security?

In a front page analysis today in the NY Times, Linda Greenhouse explores a basic decision facing the Supreme Court: "[W]hether to become a player in the debate over where to set the balance between individual liberty and national security."As...
Posted by Marcia Oddi at 05:57 PM

November 02, 2003

Law - Woes of saving patented seeds

The NY Times today has an interesting article by Adam Liptak headlined "Saving Seeds Subjects Farmers to Suits Over Patent." A quote:In 1998, Mr. McFarling bought 1,000 bags of genetically altered soybean seeds, and he did what he had always...
Posted by Marcia Oddi at 08:28 AM

November 01, 2003

Law - 6th Circuit Upholds District Court's Ruling that Pork Checkoff Program is Unconstitutional

An editorial in the NY Times today lauds a decision of the 6th Circuit last week upholding a federal district court ruling that the pork checkoff program is unconstitutional. The checkoffs, as described by the Times, are "the fees collected...
Posted by Marcia Oddi at 06:03 PM

October 30, 2003

Law - Text of oral argument in Alaska v. EPA

Alaska Dept. of Environmental Conservation v. EPA. The issue: When may the EPA override a state exercise of delegated regulatory authority under the Clean Air Act? See the earlier ILB entry for all the links for this case, argued this...
Posted by Marcia Oddi at 07:23 AM

October 29, 2003

LAW - In case you didn't know who Dean Buntrock is . . .

In case you didn't know who Dean Buntrock is, Judge Richard Posner spells it out in the first paragraph of the 7th Circuit opinion issued today in the case of Buntrock v. SEC, that begins:In February of 2002, shortly after...
Posted by Marcia Oddi at 06:48 PM

Law - Michigan court questions protections against governmental negligence

Detroit Free Press columnist Brian Dickerson has an interesting article today about Michigan law on governmental negligence. His take on it is:For decades, motorists and pedestrians injured as a result of negligent highway maintenance have been able to sue for...
Posted by Marcia Oddi at 07:33 AM

October 26, 2003

Law - Redistricting in Texas breaks new ground

See this excellent analysis in the Washington Post today of the questions raised by the recent Texas and Colorado legislatures' actions to redraw their congressional districts. Some quotes:In both cases, divided state legislatures could not agree on redistricting plans in...
Posted by Marcia Oddi at 12:48 PM

Law - Use of DNA in solving crimes

The Chicago Tribune today begins a major four-part series on wrongful convictions. The first story, published today, is headlined: "Crimes go unsolved as DNA tool ignored: Genetic profiles in rapes, slayings not sent to FBI." Here is the Tribune's description...
Posted by Marcia Oddi at 12:10 PM

October 23, 2003

Law - More on importing prescription drugs from Canada

The Washington Post ends up its five-day series today with this story about U.S. residents buying drugs from Canada and Mexico, headlined: "Millions of Americans Look Outside U.S. for Drugs: Desire for Low Prices Often Outweighs Obeying Law."Some quotes:Mexico, Canada...
Posted by Marcia Oddi at 07:13 PM

October 21, 2003

Law - Criminal defendants who represent themselves

"Rights, and Wrongs: Defendants may represent themselves, but doing so is often a very poor choice." That is the headline to an interesting story today in the NY Times that looks at the outcomes of various high-publicity cases where defendants...
Posted by Marcia Oddi at 07:44 PM

Law - Work product privilege covers email Martha Stewart sent to her daughter

This story in today's NY Times, headlined "Judge Rules Stewart Note to Lawyer Won't Be Evidence," caught my eye.The judge, Miriam G. Cedarbaum, wrote in a 20-page opinion released yesterday that the message was protected by a rule covering lawyers'...
Posted by Marcia Oddi at 07:36 PM

Law - Not only are drugs from overseas cheaper, so are textbooks

This front-page story today from the NY Times, headlined "Students Find $100 Textbooks Cost $50, Purchased Overseas," makes a number of points, including:Just like prescription drugs, textbooks cost far less overseas than they do in the United States. The publishing...
Posted by Marcia Oddi at 12:22 PM

October 20, 2003

Law - Minnesota charges for public defender services

"Right to an Attorney Comes at a Price: Minnesota Law Requiring Fees for Public Defenders Is Challenged," reads the headline today to this story in the Washington Post. Some quotes:Anyone who has ever watched a cop catch a bad guy...
Posted by Marcia Oddi at 07:39 AM

October 19, 2003

Law - Washington Post runs series on a growing illegal trade in pharmaceuticals

This story is the first of five articles in today's (Sunday's) Washington Post with the general heading "PHARMACEUTICAL ROULETTE: A Vast, Unregulated Shadow Market." The lead to the first story:For half a century Americans could boast of the world's safest,...
Posted by Marcia Oddi at 06:47 PM

October 17, 2003

Law - Death penalty and prosecutorial misconduct in Illinois

The AP is reporting this today about an Illinois Supreme Court decision:In a sharp rebuke of prosecutorial misconduct, the Illinois Supreme Court on Friday ordered new trials for two men convicted in the 1995 slaying of a Chicago police officer....
Posted by Marcia Oddi at 06:08 PM

October 14, 2003

Law - and Ethics

I very much recommend this tribute, from Ernie the Attorney, to David Giacalone and his ethicalEsQ? site. As you will see from both Ernie's tribute, and David's site, David is giving up his site because of health reasons. I will...
Posted by Marcia Oddi at 07:34 PM

October 09, 2003

Law - More on Stillborn child issues

Last month The Indiana Law Blog contained several reports on stillborn child issues. The first related to a suit filed in federal district court here September 10 that accuses the government and Prudential Life of breach of contract for refusing...
Posted by Marcia Oddi at 09:27 AM

October 08, 2003

Law - Another State invalidates grandparents' rights law

As reported today by Howard Bashman, yet another State has invalidated its grandparents' visitation law. Here are some quotes from an AP story reporting on an Iowa decision yesterday:The court said it's unconstitutional for judges to question a parent's decisions...
Posted by Marcia Oddi at 04:02 PM

Environment - U.S. Supreme Court to hear Clean Air Act argument today

Alaska Dept. of Environmental Conservation v. EPA, No. 02-658. The issue: When may the EPA override a state exercise of delegated regulatory authority under the Clean Air Act? Here is a summary presented by the Northwestern University School of Journalism's...
Posted by Marcia Oddi at 07:47 AM

September 30, 2003

Law - U.S. Supreme Court to hear whether Congress has the authority to revoke state sovereign immunity in bankruptcy proceedings

Interesting on two counts, general bankruptcy law, and federalism issues, is the Supreme Court's decision to hear No. 02-1606-TN Student Assistance v. Hood. According to a Reuters story today:At issue is whether the Constitution's bankruptcy clause, which gives Congress the...
Posted by Marcia Oddi at 03:06 PM

September 19, 2003

Law - Interesting 7th Circuit Opinion on Federal Rule Superseding Federal Statute

A 4-page opinion illuminating the operation of the supersession clause of the Federal Rules enabling act was issued today by 7th Circuit Judge Flaum (argued Sept. 4, 2003 and decided Sept. 19, 2003) in a gas pipeline condemnation case, Northern...
Posted by Marcia Oddi at 03:22 PM

September 16, 2003

Law - Philip Morris $12 Billion Appeal Bond Halved by Illinois Supreme Court

Reuters is reporting this afternoon:The Illinois Supreme Court on Tuesday slashed almost in half the $12 billion bond cigarette maker Philip Morris USA must post to appeal a multibillion-dollar verdict against it, in a major victory for the largest U.S....
Posted by Marcia Oddi at 06:16 PM

September 15, 2003

Law - Online Wine Sales Update

Updating the lengthy Indiana Law Blog entry of 8/29/03 on interstate wine shipping is this article today in the NY Times. A quote:New York, which after California has the largest contingent of wine drinkers in the country, is awaiting a...
Posted by Marcia Oddi at 10:40 AM

September 14, 2003

Reading Recommendations - Part 2

Earlier this month I recomended a book I was reading, and promised more recommendations. Here goes. Two topics that were not taught in my law school when I was a student were "Law and Economics" and "Legal Theory." Perhaps that...
Posted by Marcia Oddi at 11:45 AM

September 12, 2003

Law - More on applying the death penalty retroactively

In an Indiana Law Blog entry last week, we reported on the 9th Circuit decision to apply the U.S. Supreme Court decision in Apprendi v. New Jersey retroactively. In an earlier entry, we reported on the potential Indiana impact of...
Posted by Marcia Oddi at 07:53 AM

September 09, 2003

Law - Redistricting of Congressional seats - and what about Indiana's House and Senate seats?

There are been stories all summer about the Democrat Texas legislators hiding out in Louisiana and now New Mexico so that the Republican members of their General Assembly, who occupy a distinct majority in both houses, do not have a...
Posted by Marcia Oddi at 02:37 PM

September 07, 2003

Law - Supreme Court justices take stage in in Johann Strauss Jr.'s comedic opera "Die Fledermaus"

"Supreme Court Justices Ruth Bader Ginsburg, Stephen Breyer and Anthony Kennedy played a role in the opening night of the Washington Opera's 2003-2004 season Saturday night, at the DAR Constitution Hall." This from a story on CNN.com (complete with photos).The...
Posted by Marcia Oddi at 02:22 PM

September 05, 2003

Indiana Law - Indianapolis law firms merge

This story in the Indianapolis Star online site this afternoon reports:Twelve business attorneys from Leagre, Chandler & Millard will join Barnes & Thornburg on Monday, after the two firms struck a deal earlier this week. The remaining 17 labor, litigation...
Posted by Marcia Oddi at 03:45 PM

September 03, 2003

Law - The 9th Circuit yesterday applied Apprendi retroactively, overturning 100 death sentences

The 9th Circuit yesterday overturned "the sentences of more than a hundred death row inmates in three western states yesterday, ruling that the prisoners' constitutional rights were violated when they were sentenced under state laws that permitted judges, rather than...
Posted by Marcia Oddi at 07:06 AM

September 02, 2003

Law - Reading recommendations

September always reminds me of starting classes, although it has been years . . . Anyway, with that in mind, I have some reading recommendations. I'm currently reading: Pinstripes & pearls : the women of the Harvard Law School class...
Posted by Marcia Oddi at 08:32 AM

August 29, 2003

Administrative Law - OMB proposal to buttress science in regulations

"White House Proposes Reviews for Studies on New Regulations," heads a story today in the NYTimes. The lead:The White House budget office plans to require government agencies starting next year to employ panels of independent experts to review the quality...
Posted by Marcia Oddi at 04:34 PM

Law - Anti-wine-shipping lobby suffers blows

There have been several interesting recent reports about courts ruling against state laws that prevent the consumer from ordering wine online from a winery in another state. These reports are not in the regular newspapers, but in specialized wine publications....
Posted by Marcia Oddi at 02:40 PM

August 24, 2003

Law - Forum Shopping in Illinois

The $12 billion appeal bond case talked about a number of times in The Indiana Law Blog, most recently here, is just one of many plaintiffs' cases filed in the Madison County, Illinois courts. The St Louis Post-Dispatch reported here...
Posted by Marcia Oddi at 05:38 PM

August 21, 2003

Law - Great article on former prosecutor and mystery writer Linda Fairstein in LegalAffairs

You may recognize her name as the New York sex crimes prosecutor who prosecuted the "preppie murderer" Robert Chambers, among others. Or you may be a fan of her "detective novels about a sex crimes prosecutor named Alexandra Cooper, a...
Posted by Marcia Oddi at 04:09 PM

August 20, 2003

Zoning and Religious Groups - 7th Circuit ruling on application of RLUIPA

An important decision today by the U.S. 7th Circuit in the case of CIVIL LIBERTIES FOR URBAN BELIEVERS, CHRIST CENTER, CHRISTIAN COVENANT OUTREACH CHURCH, et al., v. CITY OF CHICAGO, involving the federal Religious Land Use and Institutionalized Persons Act...
Posted by Marcia Oddi at 02:17 PM

Law - More on grandparent visitation

In an opinion filed August 18, the Supreme Court of South Carolina ruled its grandparent visitation law unconstitutional, citing the 2000 U.S. Supreme Court ruling in Troxel v. Granville. News coverage of the South Carolina ruling is available here, via...
Posted by Marcia Oddi at 10:53 AM

August 18, 2003

Law - HIPAA regulations cause confusion and perhaps worse

"The regulations are the result of the 1996 federal Health Insurance Portability and Accountability Act (HIPAA). They are designed to give patients more power to limit access to confidential information, including keeping personal health data out of the hands of...
Posted by Marcia Oddi at 07:21 AM

August 17, 2003

Law - The most interesting part of the Linda Greenhouse' report

Linda Greenhouse reports today in the NYT Travel Section on her recent visit to the new American Constitution Center on Independence Mall in Philadelphia. Greenhouse is the multple-Pulitizer-winning NYT Supreme Court reporter. The Constitution Center, as you may recall, opened...
Posted by Marcia Oddi at 06:27 PM

Law - The Women of the United States Senate

"Ladies of the Club: Women in the U.S. Senate have traveled a path from oddities to insiders," is the title of an article today in the magazine section of the Washington Post, prompted by a photo display at the Smithsonian.Margaret...
Posted by Marcia Oddi at 08:50 AM

August 16, 2003

Law - A Solicitor General for Indiana?

An article today by Tony Mauro in Law.com talks about the increasing popular concept of the state solicitor general:There is a new road to professional advancement -- and face time at the U.S. Supreme Court -- for former high court...
Posted by Marcia Oddi at 03:00 PM

Law - Borrowed sermons

This story, headlined "Borrowed Sermons Roil Downtown Congregation: Ethics Questioned in Uncredited Use of Other Pastors' Text," appears on the front page of today's Washington Post. The tale begins:The parish nurse began to unravel the unusual pattern one Sunday in...
Posted by Marcia Oddi at 10:56 AM

Law - Philip Morris Illinois Appeal Bond Again in News

The $12-plus billion appeals bond set by an Illinois trial court (Madison County Circuit Court) is in the news again. After much turmoil (see our last report, from April 15, here) the amount was halved by the trial court, only...
Posted by Marcia Oddi at 10:36 AM

August 15, 2003

Indiana Law - More about: If real drug checkpoints are unconstitutional, what about phony checkpoints?

Earlier this week we explored the question: Indiana Law - If real drug checkpoints are unconstitutional, what about phony checkpoints? Now there is an answer -- for Colorado, from a Colorado Court of Appeals ruling yesterday. Here is the AP...
Posted by Marcia Oddi at 01:22 PM

August 11, 2003

Law - Retroactively Revising Statutes of Limitations for Past Crimes Redux?

Howard Bashman of How Appealing points to this story in today's Philadelphia Inquirer titled "Seeking an End to DNA Time Limits," which reports:A growing number of states have moved to suspend time limits on sex crimes where DNA evidence is...
Posted by Marcia Oddi at 04:40 PM

August 09, 2003

Environment - DC Circuit rejects challenge to RCRA rule

American Chemistry Council v. EPA (8/8/03 USCA DC Cir) The DC Circuit yesterday denied a petition for review of the EPA RCRA "mixed with or derived from" rule:The American Chemistry Council (ACC) petitions for review of a rule promulgated by...
Posted by Marcia Oddi at 08:50 AM

Environment - Federal court rules on what consistutes a "modification" under the CAA

United States v. Ohio Edison Company (8/8/03 USDC SD Ohio) In an important decision yesterday regarding coal-fired plants, a federal district court in Ohio ruled on this question:The issues presented in this lawsuit turn on an interpretation of the term...
Posted by Marcia Oddi at 08:40 AM

August 06, 2003

Law - Criteria for Filing an Amicus Brief with 7th Circuit

Voices for Choice v. Illinois Bell Telephone (USCA 7th Circuit 8/6/03) Posner, Circuit Judge, in chambers. Judge Poser begins by stating that "the status of the movants impel me to state publicly my reasons for denying the motions" for leave...
Posted by Marcia Oddi at 05:20 PM

August 04, 2003

Law - International legal norms influence U.S. Supreme Court

"Thinking Outside the U.S." is the headline of this story today in the Washington Post, written by Charles Lane. He reports:[T]he court's own decision-making is beginning to reflect the influence of international legal norms, as well as rulings by courts...
Posted by Marcia Oddi at 05:42 PM

August 03, 2003

Sports Law - NCAA Penalizes Majerus for Meals

As a followup to our entry yesterday on the NCAA and the major problems facing its new president, Myles Brand, are these stories about sanctions slapped on Rick Majerus and his Utah program. From this article the Boston Globe last...
Posted by Marcia Oddi at 08:44 AM

August 02, 2003

Sports Law - Myles Brand and "the complex, rapidly evolving mission of intercollegiate athletics"

Myles Brand, president of the NCAA (and the former president of Indiana University who fired Bob Knight, for those who may have just emerged from a long hibernation), is the the subject today of a feature story in the sports...
Posted by Marcia Oddi at 07:59 AM

July 31, 2003

Law - ACLU challenges constitutionality of Patriot Act

A number of papers today carry this story. See the Detroit News story here, the Boston Globe story here. Lyle Dennison's story in the Globe begins:Six Muslim and Arab-American groups asked a federal court yesterday to strike down a key...
Posted by Marcia Oddi at 06:54 AM

July 30, 2003

Law - What not to do if you represent a local government negotiating with an Indian tribe

Verona, New York says "Don't do it the way we did [in 1993]," to anyone who asks about negotiating agreements with tribes looking to develop casinos. According to the story in today's NY Times, titled "1993 Deal for Indian Casino...
Posted by Marcia Oddi at 07:13 PM

July 28, 2003

Law - Your Neighbors May Rule Your Roost

There is no improving on that headline from a front-page story in the Sunday NY Times. The Times story is a good companion to The Indiana Law Blog entry of July 13 on the same topic. Some quotes from the...
Posted by Marcia Oddi at 06:47 AM

July 27, 2003

Indiana Decisions - Wilkins appeals disciplinary decision to U.S. Supreme Court

"Indianapolis lawyer Michael A. Wilkins wants to take his free-speech case to the top," reports the Indianapolis Star in a brief item this morning in its "Behind Closed Doors" column. Access it here - it is the second story down....
Posted by Marcia Oddi at 11:30 AM

July 26, 2003

Law - State regulations impact internet trade

Well, I just read a very interesting column by economist Virginia Postrel in a copy of the NY Times I hadn't gotten to yet. Unfortunately, it is from 7/17/03, so it has already passed into NY Times "pay-for-view" land, due...
Posted by Marcia Oddi at 12:31 PM

July 25, 2003

Environment - Potential Perils Awaiting Recalcitrant Gas Station Owners

A decision issued July 24, 2003 by the USCA for the 7th Circuit, JMS Development v. Bulk Petroleum, may give pause to those who engage in repeated delay in complying with a consent decree. Here:Years passed, and by 2001, Bulk...
Posted by Marcia Oddi at 07:11 AM

Law - Backing Away from OMB Outsourcing Quotas

A story in today's Washington Post titled "OMB to Drop Quotas For Outsourcing of Jobs," begins:The Bush administration announced yesterday that it will no longer require federal agencies to meet government-wide quotas as part of the president's drive to open...
Posted by Marcia Oddi at 07:03 AM

July 20, 2003

Law - Questions After Big Chicago Law Firm Folds

The Chicago Tribune reports today in a story headlined "Altheimer practices questioned: Partners now wonder about firm's management," that:Last fall, Altheimer & Gray, a prestigious Chicago law firm, booked $6.3 million in fees that it had not yet collected, making...
Posted by Marcia Oddi at 02:51 PM

Law - Perspective in Cyberspace Law

Today's Washington Post carried this short blurb:Cyberspace law is all the rage these days, but technology moves so fast that it's keeping lawyers on their toes. The latest issue of Legal Affairs, the Yale Law School magazine, carries an ambitious...
Posted by Marcia Oddi at 11:15 AM

July 19, 2003

Law - Ruth Benedict, Where Are You Now?

Cultural anthropologists as nation-builders is the theme of an outstanding article today in the NY Times. Ruth Benedict was asked by the U.S. government to write a report on Japan in 1945:Enlarged and published as a book immediately after the...
Posted by Marcia Oddi at 05:34 PM

July 16, 2003

Law - Judicial plagarism?

"Judges accused of 'judicial plagiarism'" is the heading of a "breaking news" story from the Miami Herald (link thanks to Jurist). Here is the gist:Lawyers Stanley and Susan Rosenblatt claim the judges' 68-page opinion contains 59 pages copied "almost verbatim"...
Posted by Marcia Oddi at 11:05 AM

July 15, 2003

Law - Supreme Court Oral Arguments Back to 1955

A Wired News story today titled "Supreme Court vs. The Supremes" has a wonderful lead:At the beginning of his oral argument before the Supreme Court in the historic 1971 Roe v. Wade case, Jay Floyd, representing the state of Texas,...
Posted by Marcia Oddi at 04:59 PM

July 14, 2003

Law - State courts' opinions and briefs

Courts.net, developed to provide access to web sites maintained by courts nationwide, is a site well worth visiting. Particularly interesting to me was its page on The Best Court Sites. Robert J. Ambrogi, whose name may be familiar because his...
Posted by Marcia Oddi at 02:00 PM

July 13, 2003

Law - Homeowners Associations

Homeowners associations facing backlash: More states taking aim at restrictive covenants is the headline to this AP story in the business section of the Indianapolis Star. A quote:In a country founded on private property rights, homeowners associations increasingly dictate the...
Posted by Marcia Oddi at 11:28 AM

Law - Anna Quindlen on Justice Scalia

Anna Quindlan had a wonderful column yestersday on Justice Scalia; it makes very serous points, although at one point I laughed out loud and then kept laughing. I found it in the Salt Lake Tribune; it also may be syndicated...
Posted by Marcia Oddi at 08:10 AM

July 11, 2003

Law - Wisconsin Supreme Court interprets "during the term for which elected"

Article 7, section 10, clause 1 of the Wisconsin Constitution reads: Judges: eligibility to office. (1) No justice of the supreme court or judge of any court of record shall hold any other office of public trust, except a judicial...
Posted by Marcia Oddi at 07:18 PM

Law - FOIA and National Security

Catch 22? A decision of the United States Court of Appeals for the DC circuit, Assassination Archives and Research Center v. CIA (7/8/03) seems to pose that situation.The appellant, Assassination Archives and Research Center (AARC), brought suit under the Freedom...
Posted by Marcia Oddi at 06:43 PM

Law - 7th Cir. environmental / administrative law ruling

Home Builders Ass'n. v. U.S. Army Corp of Enginers (USCA 7th Cir. 7/10/03) Wood, Circuit Judge Those of you who practice environmental law will be nodding your heads as you read this opening paragraph:Too many cooks can spoil the broth,...
Posted by Marcia Oddi at 05:47 PM

Law - Nevada Supreme Court Rules in Budget Impasse

In a story we've been reporting on for a week now (access Monday's entry here), the Nevada Supreme Court ruled Thursday to resolve the budget crisis in Nevada. The Court invalidated the constitutional provision requiring a two-thirds vote for taxes....
Posted by Marcia Oddi at 06:24 AM

July 10, 2003

Law - Right to Know v. Homeland Security

The Washington Post had a lengthy story Tuesday that really makes one think. It is titled "Dissertation Could Be Security Threat: Student's Maps Illustrate Concerns About Public Information." Here a few quotes from the beginning of athe article:[S]ince the Sept....
Posted by Marcia Oddi at 07:03 AM

July 07, 2003

Law - More on Nevada Budget/Constitutional Crisis

As reported here last Friday, the Nevada Governor has sued the Legislature for failure to pass the budget. [Tuesday's updates] Two more stories this morning. An AP story that appears in a number of papers, including the San Franscisco Chronicle,...
Posted by Marcia Oddi at 06:33 PM

July 06, 2003

Law - European Constitution

"Europe's Constitution: All Hail the Bureaucracy," is an opinion piece talking about the missed opportunites in the draft document the European Union's constitutional convention has been develioping over the past 16 months, published in Saturday's NY Times.The Declaration of Independence...
Posted by Marcia Oddi at 08:00 PM

July 04, 2003

Law - Separation of powers issues in Nevada

Rory Perry (he is the Clerk of the Supreme Court in West Virginia and is doing an absolutely first rate job, applying cutting edge technology to the benefit of both the members of the bar and the citizenry of his...
Posted by Marcia Oddi at 02:29 PM

Law - Zoning Laws and Religious Groups II

"Justice Dept. Takes Up a Little Church's Zoning Fight: An obscure battle on Maui is caught up in a constitutional fray," is the headline to this story in today's NY Times, datelined Pukalani, Hawaii. This story involves the Religious Land...
Posted by Marcia Oddi at 12:59 PM

July 03, 2003

Law - Listen/watch panel discussions of Supreme Court term

If you have some extra time or are good at multi-tasking, you may watch either or both of these panels on the 2002-2003 term of the Supreme Court with RealPlayer via C-Span: Cato Inst. Panel on Recent Supreme Court Term...
Posted by Marcia Oddi at 08:02 AM

July 02, 2003

Law - Daubert 10th Anniversary

An outstanding collection of Daubert-related materials is available at Daubert on the Web. Read the reviews, such as:"The Supreme Court's 1993 decision, Daubert v. Merrell Dow Pharmaceuticals, forever changed the rules on the admissibility of expert scientific testimony. Now, this...
Posted by Marcia Oddi at 04:49 PM

Law - Somebody has to decide whether it is legal to redistrict without a new census requiring it

"Somebody has to decide whether it is legal to redistrict without a new census requiring it." That is a quote from a story today in the Washington Post headed "GOP Redistricting: New Boundaries of Politics?" Datelined, Dennver, the story starts:The...
Posted by Marcia Oddi at 02:16 PM

July 01, 2003

Law - Analysis of 2003 Term of the SCOTUS

Linda Greenhouse has an excellent analysis of this Supreme Court term; it is featured on the front page of this morning's NY Times and headlined: "In a mementous term, justices remake the law, and the court." The story carries over...
Posted by Marcia Oddi at 07:10 AM

June 28, 2003

Law - SCOTUS Analysis

A nice wrapup and analysis of the just ended term of the Supreme Court, by Charles Lane, on the front page of Sunday's Washington Post, headlined "Minority Rights Were Term's Big Winner: Supreme Court's Moderate Rulings a Surprise." Another "don't...
Posted by Marcia Oddi at 10:13 PM

Law/Biotech - The Roots of Violent Criminal Behavior

A very powerful front-page article on inheritance, environment, and the roots of violent criminal behavior in today's LA Times. Here are just a few quotes from this lengthy story:With new gene sequencers, researchers can study the action of tens of...
Posted by Marcia Oddi at 09:39 PM

Law - Major Rulings from this Term of the SCOTUS

I don't try to cover the Supreme Court of the United States, as two blogs focusing on federal appellate law, How Appealing and SCOTUSblog, cover the territory very well indeed. However, in case you missed it, How Appealing provided a...
Posted by Marcia Oddi at 04:59 PM

June 22, 2003

Law - Use of eminent domain for private development II

"In Ohio, a Test for Eminent Domain: Rights vs. Renewal at Stake in Case," is the headline of a story today in the Washington Post.The mayor and the city council want the house razed, along with about 50 other houses...
Posted by Marcia Oddi at 09:32 AM

June 21, 2003

Law - Old Bailey Online

Shades of Rumpole of the Bailey - The Old Bailey Online. And this is the OLD Bailey: The Proceedings of the Old Bailey London 1674 to 1834. Currently available online are 22,000 trials, from December 1714 to December 1759. The...
Posted by Marcia Oddi at 07:43 PM

June 18, 2003

Law - Not to be Missed!

Not to be missed -- this Flash video produced by the Democratic National Commitee on the creation of "the perfect" Bush Supreme Court nominee. Regardless of your politics, I think you will find it entertaining....
Posted by Marcia Oddi at 07:31 AM

June 17, 2003

Law - Guidant Corporation problems

Indiana-based medical device maker Guidant Corp. will:stop making its abdominal aortic graft and close the California subsidiary that pleaded guilty in federal court last week to covering up device malfunctions.This quote is from a front-page story this morning in the...
Posted by Marcia Oddi at 07:43 AM

June 16, 2003

Law - Still expecting ten opinions from the U.S. Supreme Court

Today's How Appealing has this useful list of the ten argued cases still pending on the U.S. Supreme Court's docket. And SCOTUSblog has summaries of the four decisions handed down this morning by the Court....
Posted by Marcia Oddi at 04:35 PM

June 15, 2003

Law - Tax on Chartiable Foundations II

This article in today's Indianapolis Star, "Foundations fear proposal on spending may backfire," reports:Indiana's charitable foundations have joined a national fight over legislation they say could force some philanthropic groups to spend themselves out of existence. At issue is the...
Posted by Marcia Oddi at 07:27 AM

June 12, 2003

Law - Title IX challenge thrown out, for now

"U.S. Judge Rejects Wrestling Coaches' Challenge to Title IX: They have no standing to claim their profession and teams were harmed in favor of women's sports, he rules." This is the headline to the LA Times law reporter, David Savage's...
Posted by Marcia Oddi at 08:17 AM

June 10, 2003

Law - Bankruptcy: time available for lienholders

An interesting 4-page bankruptcy opinion was issued yesterday, 6/9/03, by a three-judge panel of the 7th Circuit. Written by Judge Easterbrook, and titled In the matter of Fred E. Schoonover, the case deals with the time available for lienholders:The upshot...
Posted by Marcia Oddi at 11:11 AM

June 09, 2003

Law - Government charges bomb-sniffing dog trainer with fraud

A story today in the Washington Post titled "The Noses Didn't Notice: Bomb Dog Trainer Faces Fraud Trial," begins:There are plenty of characters in the matter of United States of America v. Russell Lee Ebersole, but among the most crucial...
Posted by Marcia Oddi at 08:35 AM

June 07, 2003

Biotech/Patent Law - Construction of the "safe harbor" of 35 U.S.C. § 271(e)(1)

The U.S. Court of Appeals for the Federal Circuit ruled yesterday in the case of Integra LifeSciences v. Merck that "Because the language and context of the safe harbor [of 35 U.S.C. § 271(e)(1)] do not embrace the Scripps-Merck general...
Posted by Marcia Oddi at 07:54 AM

June 06, 2003

LAW - Online Law School Another Alternative?

Updating my entry of 6/3/03 titled "Reading the law" allowed in 7 states, but not Indiana is information that the "First Net-schooled lawyers pass bar," from a MSNBC.com story, available here. This interesting story on the Concord Law School reports:In...
Posted by Marcia Oddi at 05:27 PM

Law - Big East Sues ACC to Prevent Defections

A story today in the Miami Herald reports "UM ready to defend itself against Big East lawsuit."The University of Miami is prepared to defend itself in response to a lawsuit filed Friday by five Big East universities to prevent UM...
Posted by Marcia Oddi at 03:05 PM

Law - Driver's license photo: national security matter or religious freedom issue?

Driver's license photo: national security matter or religious freedom issue? A Florida circuit court judge answered this question today. A story published at CBSNews.com reports:A Florida judge ruled Friday that a Muslim woman cannot wear a veil in her driver's...
Posted by Marcia Oddi at 02:18 PM

June 05, 2003

Law - Senate filibuster hearings

Senator Trent Lott, now chair of the Senate Rules Committee, is holding a hearing today on Senate Rule XXII and proposals to amend the rule. Access the witness list here. The hearing is set for 2:00 p.m. You can listen...
Posted by Marcia Oddi at 06:57 AM

June 03, 2003

Law - "Reading the law" allowed in 7 states, but not Indiana

The Christian Science Monitor published an interesting story yesterday on how it is still possible, in seven states (not including Indiana), to "read for the bar" as Abraham Lincoln did, rather than graduating from law school. Access the story here....
Posted by Marcia Oddi at 07:23 AM

May 31, 2003

Law - More on Drafting Third World Constitutions

This story, in today's New York Times, titled "Constitutionally, A Risky Business," is a welcome addition to other recent coverage on constitution-writing reported here in a May 15 entry (Drafting Third World Constitutions) and a May 12th entry (Drafting an...
Posted by Marcia Oddi at 06:58 PM

Law - What next from US Supreme Court?

The Washington Post carried an AP story yesterday (5/30/03) listing the major issues awaiting rulings from this term of the Supreme Court. As for the next term, Tony Mauro reports this morning in the LA Times on what cases the...
Posted by Marcia Oddi at 08:44 AM

May 30, 2003

Law - Federal contracting changes

The Washington Post reports OMB Director (and returning Hoosier) Mitch Daniels' announcement in the Federal Register yesterday of:an overhaul of the rules that determine whether federal work should remain in-house or be turned over to the private sector. Circular No....
Posted by Marcia Oddi at 08:20 AM

May 29, 2003

Law - U. S. Supreme Court and "Federalism"

More on yesterday's Supreme Court decision in Nevada Department of Human Resources v. Hibbs (USSC 5/27/03). Linda Greenhouse, multiple Pulitizer-winning (and deservedly so) NY Times writer, has a news analysis titled "Steady Rationale at Court Despite Apparent Bend" that expands...
Posted by Marcia Oddi at 08:44 AM

Law - Driver's license photo: national security matter or religious freedom issue?

The NY Times yesterday carries an AP story with this Times headline: "Florida License Trial Opens in Lawsuit by Veiled Woman." You've probably heard about it on the news - a Florida woman, to whom Florida issued a driver's license...
Posted by Marcia Oddi at 08:08 AM

May 28, 2003

Law - U.S. Supreme Court and "Federalism"

The Washington Post today has an editorial that expresses my feelings exactly. Titled "States Rights Muddle," it begins:THE SUPREME COURT stemmed its deeply troubling line of states' rights cases yesterday by handing down a decision that reaffirms Congress's broad power...
Posted by Marcia Oddi at 09:53 AM

Law - Tax on Charitable Foundations

USA Today's editorial page has "pro and con" opinions today on a proposal pending before the U.S. House to change the way the requirement that a charitable foundation give away 5% of its assets each year is calculated. From the...
Posted by Marcia Oddi at 09:33 AM

May 26, 2003

Law - Copyright

The Indianapolis Star this weekend carried an AP story titled: "Local company loses battle of bad teeth: Bubba's fake ivories violate copyright of Billy-Bob's, say judges, citing Austin Powers."Both Billy-Bob and Bubba have repulsive false teeth, but it took the...
Posted by Marcia Oddi at 12:36 PM

May 24, 2003

Law - Planning and zoning

"The prospect of running out of open space to build on, a phenomenon that planners call 'buildout' is at the heart of" New Jersey Governor McGreevey's campaign against urban sprawl, according to a story today in the NY Times:New Jersey,...
Posted by Marcia Oddi at 06:14 PM

May 22, 2003

Law - More on tobacco litigation

On Wednesday, 5/21/03, in the case Liggett Group v. Engle, the Florida Third District Court of Appeals ruled:This is an appeal from a final judgment in a smokers’ class action law suit seeking damages against cigarette companies and industry organizations...
Posted by Marcia Oddi at 12:50 PM

May 21, 2003

Law - Freedom of information

Here is the link to an outstanding article, the first of two by Miriam Drake, Professor Emerita, Library, Georgia Institute of Technology. Titled "Government Doublethink: Protection or Supression in Information," it deals with:. . . government information activities after September...
Posted by Marcia Oddi at 02:31 PM

Law - Product disparagement

The NY Times this morning has this story that begins:The federal appeals court in San Francisco on Monday allowed a product disparagement case against the publisher of Consumer Reports magazine to proceed to trial. Eleven dissenting judges called the decision...
Posted by Marcia Oddi at 07:48 AM

May 19, 2003

Law - Citing unpublished opinions

Howard Bashman reports today in his excellent How Appealing:In federal appellate courts, the prohibition on citing to non-precedential opinions is one step closer to the dustbin of history: Last week, the Advisory Committee on Appellate Rules governing procedure in this...
Posted by Marcia Oddi at 08:18 PM

May 18, 2003

Law - Trial lawyers to target drug companies

In contrast to today's LA Times story (see our previous entry) about businesses lobbying Congress for laws to protect them from, or limit their, liability, is this story in today's NY Times headlined "Trial Lawyers Are Now Focusing on Lawsuits...
Posted by Marcia Oddi at 09:57 PM

Law - Laws limiting liability for business

Today's LA Times has an article surveying efforts of businesses, including gun manufacturers and HMOs, to limit their liability though federal legislation. The story is titled "Trying Their Case in Congress: Businesses are seeking to limit awards in liability lawsuits....
Posted by Marcia Oddi at 07:40 PM

May 16, 2003

Law - Technology strikes back: traffic cameras, voting machines

"Trigger-Happy Traffic Camera to Cost County $500,000: A crusader against the red-light devices discovers timing error. Judge orders refunds." So reads the headline in this story today in the LA Times. A quote:The complaints of a retiree infuriated last year...
Posted by Marcia Oddi at 07:55 AM

May 15, 2003

Law - Drafting Third World Constitutions

A companion piece to our 5/7/03 entry on "Drafting the Iraqi Constitution" is this story in today's LA Times headed: "In Emerging Nations, a California Firm Takes Up Task of Ensuring Rule of Law.""We do hard," Davis says wryly, ticking...
Posted by Marcia Oddi at 07:10 PM

May 13, 2003

Law - Philip Morris Appeal Bond: An Update

We last reported in mid-April on the dispute over the amount of the appeal bond Philip Morris must post in the Madison County, Illinois Court in order to appeal the $10.1 billion class-action judgment against it - you may access...
Posted by Marcia Oddi at 02:37 PM

May 12, 2003

Law - Drafting an Iraqi Constitution

Noah Feldman, a professor at New York University Law School, is Iraq's new constitutional advisor, according to a story in Sunday's NY Times titled, "American Will Advise Iraqis on Writing New Constitution." Access the story here. According to the Times,...
Posted by Marcia Oddi at 01:05 PM

May 11, 2003

Law - Use of eminent domain for private development

Property Owners Fight to Keep Their Land: Bitter disputes play out nationwide as cities seeking to improve their economies condemn homes and businesses for private development. That is the headline of this story published today in the LA Times and...
Posted by Marcia Oddi at 04:00 PM

May 10, 2003

Law - The Judicial Nominations: Part 2. Cloture

[Access The Judicial Nominations: Part 1. Filibuster, here.] For 111 years the rules of the U.S. Senate provided no way to bring debate to an end. In 1917, a "curb on the practice" of unlimited debate was adopted. Cloture. Robert...
Posted by Marcia Oddi at 10:02 PM

Law - The judicial nominations: Part 1. Filibuster

Today's Indianapolis Star has an editorial (access it here) headlined "Stop obstructing bench appointments." The Star demands that the U.S. Senate follow the constitutional requirement that "the U.S. Senate should offer 'advice and consent' to the president's judicial nominees. Not...
Posted by Marcia Oddi at 05:35 PM

Law - Judge Florence-Marie Cooper

Today's LA Times has a feature story on Florence-Marie Cooper, United States District Judge for the Central District of California. Some quotes:When Beverly Hills attorney Shelly McMillan went to court a few years ago to represent a client in a...
Posted by Marcia Oddi at 12:44 PM

Law - Double tax on jury awards

A Washington Post story this morning (access it here), titled "Panel Backs End to 'Double Taxation' on Jury Awards: Current Law Requires Plaintiffs in Some Cases to Pay IRS on Full Amounts, Including Legal Fees", leads with this:Cynthia C. Spina,...
Posted by Marcia Oddi at 07:02 AM

May 09, 2003

Law - Elections: voting machines

Back on 3/28/03 I published an entry relaying concerns about the new electronic voting terminals, particularly those that did not produce "a separate, paper receipt that a voter can confirm after voting and that can be recounted if problems are...
Posted by Marcia Oddi at 03:51 PM

Law - NCAA Announces Michigan Penalties

The Indianapolis Star this morning (access the story here) reports, in a story headlined "Wolverines will sit again: NCAA bars Michigan from postseason play for another year:"NCAA justice was on display again Thursday, and even the head of the committee...
Posted by Marcia Oddi at 10:14 AM

May 07, 2003

Law - Contract ratification doctrine

This from the 7th Federal Circuit today, in an opinion written by Judge Posner:In any event, she ratified the transfer of the money from her bank account to Shook. For she accepted several partial payments on her loan after learning...
Posted by Marcia Oddi at 06:00 PM

Law - Test of FCC Media Ownship Rules

"Journalism's Future May Start in Tampa," is the headline of an important story published today in the LA Times:As the FCC reviews a 1975 rule that usually prevents companies from owning a newspaper and TV station in the same market,...
Posted by Marcia Oddi at 08:57 AM

Law - NY, Mississippi contemplate change in selection of judges

The NY Times today has a story titled "More Brooklyn Officials Calling for Changes in Selecting Judges." Access the story here. As the Times reports, this results from "the recent arraignment of a State Supreme Court judge on charges of...
Posted by Marcia Oddi at 08:03 AM

May 05, 2003

Law - Bill shielding the gun industry from liability likely to pass

Following up on my April 26 entry that Congress is considering legislation to protect gun makers from liability is a story in today's Washington Post titled "Gun Firms on Verge of Winning New Shield:"The gun industry, demonstrating its resurgent influence...
Posted by Marcia Oddi at 12:50 PM

Law - Yet Another Sports Law Story

Coaches' Lineup Could Include a Lawyer: Angry when their student-athlete's career languishes, parents sue the schools and instructors. Legal experts see a trend. That headline to this story in today's LA Times pretty much says it all....
Posted by Marcia Oddi at 12:36 PM

Privacy - New Homeland Security Privacy Head

As you may recall, several weeks ago it was announced that the new privacy head for the Department of Homeland Security would be Nuala O'Connor Kelly, formerly of DoubleClick. As reported today by Wired News:O'Connor Kelly, a 34-year-old lawyer who...
Posted by Marcia Oddi at 12:31 PM

May 03, 2003

Law - College Coaches' Conduct Clauses

The alleged conduct of the Alabama football coach and the Iowa State basketball coach are in the papers again today, as are discussions of their contracts. In a story headlined "For Coaches, Higher Profile Comes With Fine Print," the NY...
Posted by Marcia Oddi at 01:05 PM

Law - Right to Know v. Right to Privacy

David Savage has a fascinating story this morning in the LA Times headed: "High Court Weighs Survivors' Privacy: A request for close-ups of the body of Vincent Foster, a former Clinton aide, pits the public's right to know against family's...
Posted by Marcia Oddi at 08:37 AM

May 02, 2003

Law - Judge Richard A. Posner

Many of us are impressed by the productivity of Judge Richard A. Posner, of the U.S. Court of Appeals, 7th Circuit. How does he do it all? I was excited to discover that Judge Posner found time, in January of...
Posted by Marcia Oddi at 12:32 PM

May 01, 2003

Law - Adopting copyrighted trade standards as law

The Washington Post business section has a brief story this morning (access the story here) titled "Accounting standards copyrighted." The accounting standards of the American Institute of Certified Public Accountants (AICPA), a trade group, have been copyrighted since 1941: The...
Posted by Marcia Oddi at 08:56 AM

April 28, 2003

Law - Texas legislator/lawyer "job benefit"

National Public Radio (NPR) has an interesting segment this morning about how some attorney legislators in Texas may be misusing their ability to obtain automatic "legislative continuances." Listen to the story here....
Posted by Marcia Oddi at 09:34 AM

Law - Iraqi stolen art

Wired News this morning has a story (access it here) discussing the technological and legal issues facing an effort at building an online: . . . comprehensive, searchable image database of the tens of thousands of objects that are missing...
Posted by Marcia Oddi at 06:20 AM

April 26, 2003

Law - Zoning laws and religious groups

I just finished reading a very interesting article by Marci Hamilton, a law professor at Benjamin N. Cardozo School of Law, Yeshiva University. Professor Hamilton represented the City of Boerne in Boerne v. Flores, where, as she reports in her...
Posted by Marcia Oddi at 01:56 PM

April 25, 2003

Law - Incorporation by reference in appellate briefs

The excellent law blog, How Appealing, quotes from and comments on an opinion from the Court of Appeals for the Sixth Circuit issued today (4/25/03) that includes this statement: For all of the foregoing reasons, we join the many circuits...
Posted by Marcia Oddi at 11:57 AM

Law - Local New York judges investigated

First off, be aware that the term "Supreme Court judges" in New York refers to county court judges, not members of that state's highest court (which is called the NY Court of Appeals). Today's NY Times has a story titled:...
Posted by Marcia Oddi at 11:05 AM

April 24, 2003

Law - National asbestos accord said to be near

This morning's NY Times has a major front-page story (access it here) reporting that an agreement to create a national asbestos trust may be near: Companies, insurers, unions and Democratic and Republican senators are nearing an agreement in principle to...
Posted by Marcia Oddi at 10:35 AM

April 23, 2003

Law - Tobacco's legal future

Worth reading: An analysis (access it here) headlined "Tobacco's New Troubles: Profits, Sales Are Down, and Illinois Case May Open Way to More Lawsuits" published 4/22/03 in the Washington Post....
Posted by Marcia Oddi at 11:21 AM

April 21, 2003

Law - Coups d'etat procedure

A paragraph in a Financial Times story about the Iraq oil ministry certainly caught my eye. In a story titled "Confusion over who controls Iraq's oil ministry" (access the story here) a man in the lobby of the ministry building...
Posted by Marcia Oddi at 04:34 PM

April 20, 2003

Law - Disclosure of Client Confidences

An interesting State of Washington decision issued 4/17/03 is discussed in a story today (access it here) in the NY Times headlined: "Lawyer Whose Disclosure Brought Down a Judge Is Punished." It begins: A lawyer who divulged a client's confidences...
Posted by Marcia Oddi at 06:15 PM

Law - Justice Clarence Thomas

The Washington Post had a major write-up on Justice Thomas last August. It is still available here, along with links to his key opinions and other resources. In addition, CNN.com carried a story last Friday, 4/18/03, titled "Justice Thomas seems...
Posted by Marcia Oddi at 05:20 PM

Law - Gideon v. Wainwright revisited

Today's NYT Sunday Magazine has a must-read article by Anthony Lewis titled "The Silencing of Gideon's Trumpet." Access it here. Its logical companion piece (highlighted here in the Indiana Law blog on 4/16/03), "County Says It's Too Poor to Defend...
Posted by Marcia Oddi at 07:08 AM

Law - Gideon v. Wainwright revisited

Today's NYT Sunday Magazine has a must-read article by Anthony Lewis titled "The Silencing of Gideon's Trumpet." Access it here. Its logical companion piece (highlighted here in the Indiana Law blog on 4/16/03), "County Says It's Too Poor to Defend...
Posted by Marcia Oddi at 07:08 AM

April 19, 2003

Law - Brazil to grant formal property rights to poor

The NY Times today has a story titled: "Brazil to Let Squatters Own Homes: Formal property rights could benefit millions of slum dwellers." Access it here. As the Times explains: The idea is similar to programs long advocated by proponents...
Posted by Marcia Oddi at 01:12 PM

April 18, 2003

Law - 2003 US News Rankings

The 2003 US News Ranking of Law Schools is out and available here. Thanks to Greg Goelzhauser's Blog for alerting me to its availability. Greg also has an interesting analysis of the new ups and downs. However, I can't agree...
Posted by Marcia Oddi at 02:53 PM

Freedom of Information - FOIA specificity

In this ruling, LaCedra v. EOUSA (access it here), decided 2/7/03, the D.C. Circuit's Chief Judge Ginsburg sums matters up in the opening paragraph: Glenn LaCedra wrote a letter to the Executive Office for United States Attorneys requesting documents pursuant...
Posted by Marcia Oddi at 01:05 PM

April 17, 2003

Statutory Construction - Plain meaning rule rejected in Connecticut

In State v. Courchesne (officially released 3/11/03) the Connecticut Supreme Court has: expressly rejected the "plain meaning rule" of statutory construction ... . "It's a case of giant importance," said appellate expert Wesley W. Horton. "Basically all the briefs pending...
Posted by Marcia Oddi at 08:56 AM

Statutory Construction - Plain meaning rule rejected in Connecticut

In State v. Courchesne (officially released 3/11/03) the Connecticut Supreme Court has: expressly rejected the "plain meaning rule" of statutory construction ... . "It's a case of giant importance," said appellate expert Wesley W. Horton. "Basically all the briefs pending...
Posted by Marcia Oddi at 08:56 AM

Indiana Law - Butler's new contract with Coach Lickliter

The Indianapolis Star's David Woods has an interesting story (access it here) this morning titled: "Lickliter's new deal has protections for Butler." Woods calls attention to two clauses in the agreement, designed to help the school retain Lickliter. "The agreement...
Posted by Marcia Oddi at 07:25 AM

April 16, 2003

Blogs come in to their own

The Chicago Tribune has an article today about --- Blogs! It is mostly about "blogs at war." Access it here. (Warning - you may have to do a free registration first.) And, BIG news! This is the one month anniversary...
Posted by Marcia Oddi at 07:06 PM

Individual Privacy/Freedom of Information/National Security

"DNA profiles from juvenile offenders and from adults who have been arrested but not convicted would be added to the FBI's national DNA database under a Bush administration proposal." This from a USA Today story this morning. Access it here....
Posted by Marcia Oddi at 08:02 AM

Law - Who pays for defense of the indigent in noncapital cases?

The NY Times had an excellent front-page story yesterday (access it here) on this issue. A Mississippi County is suing the State of Mississippi on the grounds that it is too poor "to provide defendants with anything more than assembly-line...
Posted by Marcia Oddi at 07:53 AM

April 15, 2003

Law - Once more on tobacco appeal bond and revenue bonds

As reported late yesterday, the Illinois judge reduced the $12 billion appeal bond requirements for Philip Morris and that company in turn has now been able to make its payments to the states. So is the crisis entirely over? Some...
Posted by Marcia Oddi at 07:17 PM

April 14, 2003

Law - More on impact of $12 billion appeal bond [Updated]

[Updated at 4:30 p.m.] The Illinois judge today reduced the appeal bond from $12 billion to $6 billion, as reported here and here. [Earlier today] Sunday's (4/13/03) New York Times' business section looked at the impact of the Illinois court's...
Posted by Marcia Oddi at 08:41 AM

Law - More on impact of $12 billion appeal bond [Updated]

[Updated at 4:30 p.m.] The Illinois judge today reduced the appeal bond from $12 billion to $6 billion, as reported here and here. [Earlier today] Sunday's (4/13/03) New York Times' business section looked at the impact of the Illinois court's...
Posted by Marcia Oddi at 08:41 AM

April 10, 2003

Law - Active Illinois Courtroom

Following up on our earlier posting about recent asbestos verdicts is this story from law.com on the same decisions - one being the verdict of an Illinois Court where: U.S. Steel quickly settled following a $250 million verdict last week...
Posted by Marcia Oddi at 01:33 PM

Law - $12 Billion Appeal Bond Update

Updating our 4/3/03 posting on the $12 billion appeal bond Phillip Morris is required to post in an Illinois court by April 20, and how this impacts the monthly settlement payments Phillip Morris is scheduled to make to a number...
Posted by Marcia Oddi at 08:12 AM

April 07, 2003

Law - Internal Auditors are New Hot Job

Silicon Valley's major newspaper, the Mercury News, reports today (access the story here) on its SiliconValley.com website: "Internal auditors valley's newest stars: Headhunters Can't Find Enough Candidates to Meet Demand." Forget flamboyant chief executives, high-rolling venture capitalists and fast-talking analysts....
Posted by Marcia Oddi at 01:57 PM

Law - Judicial Ethics Issue? Sources split

This morning's papers have an interesting contrast in stories. I first read this story in the Washington Post, headed "A Case of Questionable Judgment," that begins: A senior federal judge has opened a consulting firm and begun marketing efforts that...
Posted by Marcia Oddi at 06:51 AM

April 06, 2003

Law - Women on the Court

Howard Bashman of How Appealing reports today: "Wisconsin joins New York, Washington, and Ohio as States in which the highest court has a majority of female justices/judges." The Supreme Court of the United States currently has two women justices. The...
Posted by Marcia Oddi at 12:37 PM

Law - Viewing Oral Arguments

This weekend I watched the C-SPAN version of the 4/1/03 arguments before the Supreme Court of the United States in the University of Michigan affirmative action cases. As noted earlier in this Indiana Law Blog, the Supreme Court , for...
Posted by Marcia Oddi at 11:25 AM

Law - Asbestos Litigation Crisis

The Washington Post today (4/6/03) has an editorial (access it here), titled "Listen to the Court," that begins: LAST MONTH'S Supreme Court [of the United States] decision in the case of Norfolk & Western Railway Co. v. Ayers didn't attract...
Posted by Marcia Oddi at 10:34 AM

April 04, 2003

Law - Accessibility of U.S. Supreme Court Arguments

An editorial today (3/4/03) in the Washington Post makes a plea for, if not cameras, at least timely audio tapes of the arguments in all cases before the Supreme Court of the United States: Oral arguments in federal appeals courts...
Posted by Marcia Oddi at 09:05 AM

April 03, 2003

Law - $12 billion appeal bond

The best writeup I've seen on this national story that has implications for Indiana appeared in The Motley Fool yesterday, April 2. The header: Altria, née Philip Morris, got nailed between the eyes late last month when an Illinois court...
Posted by Marcia Oddi at 10:56 AM

April 02, 2003

Law - Establishment Clause

Today (4/2/03) a three judge panel of the U.S. Court of Appeals for the 7th Circuit, Judge Posner presiding, upheld the right of Wisconsin correctional authorities to fund "Faith Works, a halfway house that, like Alcoholics Anonymous, incorporates Christianity into...
Posted by Marcia Oddi at 03:16 PM

Law - Affirmative action arguments

To listen to the two hours of oral arguments made before the U.S. Supreme Court this morning (4/1/03), in the University of Michigan affirmative action cases, go to this C-Span.org location. Or go to this page at NPR.org for comprehensive...
Posted by Marcia Oddi at 07:20 AM

April 01, 2003

Law - Ex post facto?

The LA Time's David Savage today (4/1/03) reports on the oral agrument yesterday before the U.S. Supreme Court in the case of Stogner v. California. Until now, most legal experts have assumed the Constitution's ex post facto clause bars the...
Posted by Marcia Oddi at 06:00 PM

Law - Right to report or libel?

A 3/31/03 NY Times story headed: "Suit Challenges Right to Report Political Slurs" examines "one of the hardest issues of libel law:" May the news media report, without endorsement on the one hand or skepticism on the other, wild charges...
Posted by Marcia Oddi at 08:50 AM

Law - Asbestos Verdicts

Today's (4/1/03) NY Times contains a story in the Business Section that begins:Even as Congress debates limiting asbestos lawsuits, juries in New York and Illinois have reached two of the largest verdicts yet in cases where workers are dying of...
Posted by Marcia Oddi at 08:42 AM

March 30, 2003

Indiana - The NCAA's "student-athlete" designation

Indianapolis, Indiana, home of the NCAA. The NY Times has a story today fronting its Sports Section, titled: "NCAA's Proposal to Make the Grade May Not Make the Cut." Access it here. The introductory paragraphs talk about new NCAA President...
Posted by Marcia Oddi at 07:40 PM

March 28, 2003

U.S. Supreme Court - Unusual move in Univ. of Mich. affirmative action arguments

The U.S. Supreme Court announced today that: In light of the public interest in Grutter v. Bollinger and Gratz v. Bollinger, scheduled to be heard by the Court at 10 a.m. and 11 a.m. respectively on Tuesday, April 1, 2003,...
Posted by Marcia Oddi at 04:30 PM

March 27, 2003

Individual Privacy/Freedom of Information/National Security

The Washington Post on 3/26/03 had an interesting story titled "States Seen As Lax on Database Security." According to the story, "Only 14 states, including Virginia, comply with federal mandates to help ensure the protection of computer systems that hold...
Posted by Marcia Oddi at 05:26 PM

March 26, 2003

U.S. Supreme Court - IOLTA Upheld

Today (3/26/03) the U.S. Supreme Court, in Brown v. Legal Foundation of Washington, upheld the use of income generated by interest on lawyers' trust accounts ("IOLTA") to pay for legal services for the needy. The issues were whether such use...
Posted by Marcia Oddi at 06:49 PM

March 25, 2003

Individual Privacy/Freedom of Information/National Security

The LA Times today (3/25/03) has a story titled "Rules Loosened for FBI Crime Database: The Justice Department removes a requirement that information be confirmed before being included. Change upsets civil liberties advocates." Access the story here. The change to...
Posted by Marcia Oddi at 07:34 PM

March 21, 2003

Individual Privacy/Freedom of Information/National Security

These three concepts and their interplay are a particular interest of mine. Today's (3/21/03) NY Times has a story headlined: "U.S. Ready to Rescind Clinton Order on Government Secrets." Access it here. A related 1/03/03 NY Times story, also by...
Posted by Marcia Oddi at 07:08 PM

March 17, 2003

Interviews with US Circuit Court Judges

Howard Bashman, author of the justly highly regarded law blog, How Appealing, is conducting a monthly series of interviews with judges of the various federal judicial circuits. Here is the link to his first two interviews, the March interview with...
Posted by Marcia Oddi at 05:25 PM

Federal Court Backgrounders

Here are two really interesting articles I've read recently. The first, "The Power of the Fourth", an article that appeared in the NY Times' March 9, 2003 Sunday Magazine, features the U.S. Court of Appeals for the 4th Circuit. The...
Posted by Marcia Oddi at 12:03 AM