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September 24, 2003 |

Recall Revived

With the Ninth Circuit U.S. Court of Appeals restoring the Oct. 7 vote and the ACLU disavowing further court action, the California recall drive can return to its usual craziness. The 11 en banc judges mentioned Bush v. Gore only once, but did not come close to interpreting what it meant. Instead, the court focused on practical concerns -- hundreds of thousands of absentee ballots have been returned, campaigns are geared toward an Oct. 7 date and the state has spent millions preparing for it.
5 minute read
September 24, 2003 |

Recall Redemption

In restoring the Oct. 7 vote on California's gubernatorial recall, the 9th Circuit's 11-judge panel mentioned Bush v. Gore only once, and did not come close to interpreting what it meant. The court focused on the practical matters of the election process and the state's outlay of millions of dollars in preparations. "In short," the court wrote, "the status quo that existed at the time the election was set cannot be restored because this election has already begun."
6 minute read
December 09, 2010 |

Ex-Richards Layton Employee Charged With Securities Fraud

Federal prosecutors have indicted Jeffery J. Temple, a former information systems and security manager for Wilmington firm Richards Layton & Finger, for securities fraud.
5 minute read
January 06, 2003 |

Ninth Circuit Gives Sex.com to Supremes

Reluctant to extend tort law into the high-tech arena, the Ninth U.S. Circuit Court of Appeals on Friday asked the California Supreme Court to decide the last remaining questions in the battle over the lucrative sex.com domain name. Over a vigorous dissent by Judge Alex Kozinski, the majority on a three-judge panel decided to ask California's high court whether intangible property is subject to the tort of conversion.
4 minute read
May 10, 1999 |

Parent Pander

A proposal to protect workers with children is a new low for anti-discrimination law.
7 minute read
Law Journal Press | Digital Book Encyclopedia of New Jersey Causes of Action 2024 Authors: John J. Bannan View this Book

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May 16, 2003 |

Kentucky Bar Rewrites Ad Rules

The Kentucky Bar is about to impose new regulations on attorney advertising, sparking protests from some members. While every state grapples with what lawyers may say about themselves in ads, this dispute isn't just about what kinds of commercial speech can be proscribed under the First Amendment. The real flap is about an 11-year-old rule that some attorneys say amounts to an illegal prior restraint of commercial speech.
4 minute read
October 05, 2005 |

Responding to Critics, 9th Circuit Will Try Law of Large Numbers

The 9th Circuit will increase its en banc panels from 11 to 15 judges, a change aimed at satisfying critics who worry that the supersized circuit's 11-judge outcomes aren't representative of the court as a whole. But critics like Judge Diarmuid O'Scannlain, one of the few judges who contend the court is too large and should be split, says anything short of a full en banc is problematic. The 9th Circuit is the only federal appeals court to use limited en bancs to resolve intracircuit conflicts.
3 minute read
September 22, 2006 |

Rare Judicial Impeachment Hearing Ends With Little Action Taken

A House Judiciary subcommittee on Thursday held a rare impeachment hearing for a California federal judge but reached no conclusions and appeared eager to let a special committee of the 9th Circuit finish its investigation before deciding whether to take up the matter in Congress again. Judge Manuel Real rebutted -- for the first time in public -- allegations that he improperly seized control of a bankruptcy proceeding involving a woman whose criminal probation he was overseeing.
5 minute read
February 08, 2010 |

After Ex-Girlfriend's Conviction, Ethics Complaint Still Stalks Judge

When a D.C. jury convicted Taylar Nuevelle last week of charges that she had stalked her former girlfriend, Magistrate Judge Janet Albert, it brought closure to the public half of the legal drama. For Nuevelle, the only uncertainty left is her sentence, but for Albert, the remaining question is what happens to the judicial misconduct complaint lodged against her by Nuevelle after their 2008 breakup. Judicial ethics experts say Nuevelle's conviction should not have much impact on the way the allegations are handled.
4 minute read
February 17, 2006 |

9th Circuit Takes Hard Line on Secret Deals

In a spate of recent opinions, the 9th Circuit has taken aim at deals between prosecutors and witnesses that aren't disclosed to defense counsel. Senior 9th Circuit Judge Stephen Trott, who each year lectures new prosecutors on the perils of using criminals as witnesses, says he's glad the court is taking such a hard line. "Snitches are only interested in one thing: their freedom," he said. Covering up such a deal, Trott said, is a clear violation of a prosecutor's duty to follow the law.
6 minute read

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