How to be a Blogger: An Interview with David Lat

What is legal blogging, and why don't law students do more of it? This is a question that has been on my mind over the past few weeks (and really, months). Is blogging merely a hobby? A form of broadcast for the average person? For us, it has practically become a lifestyle. However, this wasn’t always the case; Blackbook Legal was actually conceived over a cup of chili at Potbelly's. Given our whimsical entrance into the blogosphere, I thought it best to seek an “expert opinion” on these important questions. I caught up with one of the legal profession's most notable and distinguished media personalities: David Lat of Breaking Media. David was very generous with his time, and I was grateful to speak with him both about his experiences and blogging in general.

BREAKING NEWS: Gay Marriage Banned in Maine

Well, that was quick... Maine voters have overturned the law allowing for gay marriage.

For our previous coverage of this issue, click here.

Wholly Racial Questioning, Batson!

Do this: open another tab, and play this clip in the background before reading.

Did you do that?

Alright, on to the main show.

What happens when you strike jurors on the basis of race? Batson hearings, that's what! Well, what happens when, according to the Las Vegas Sun, "the prosecution ask[s a] black juror if he would feel ridicule from the black community if he voted to put [the defendant] to death . . . and the juror did not take offense to the question?" Further, what happens when the appellate prosecutor claims that "the juror had 14 relatives of which only three were not in prison and the juror also had a personal relationship with the defense lawyer?" Even more, according to the prosecutor, the juror was also excluded for other reasons. There's a (compound) question the Nevada Supreme Court will have to decide.

Gov. Arnold Schwarzenegger signs bill facilitating construction of NFL stadium in San Gabriel Valley

Get ready, Los Angeles football fans! The NFL is coming to town. The LA Times reports that Governor Schwarzenegger has signed a bill "exempt[ing a] proposed 75,000-seat stadium from state environmental laws[, an action] . . . intended to hasten the planning process." Exempting the project from California's environmental law is a considerable step toward its completion. This is because the "environmental law[]" to which this legislation principally provides an exemption is the California Environmental Quality Act ("CEQA"). See Cal. Pub. Res. Code § 21000, et seq.

Ignorance Of The Law Isn't An Excuse!

Or, at least it shouldn't be after seeing this book. While I can't say that I have read it, I can say that I read a rather hysterical review of it here. I liked it so much that I decided to share it with you all on this lovely Monday.

Going Maine-stream? Voters To Determine Whether To Affirm Gay Marriage, Extend Medical Marijuana Law in Maine

An interesting story from the Bangor Daily News (HT: Daily Beast): The validity of Maine's gay marriage legalization hangs in the balance, with voters on both sides trying to finally put the question to rest.

The legalization question is joined by six other measures on the ballot, including extending the legalization of medical marijuana and requiring state spending increase caps to equal inflation plus population growth unless given direct voter approval.

For our previous coverage of Maine's legalization of gay marriage, see here.

Driving That Train: Casey's "Undue Burden" - Better Tell Your Folks!!

It's not like Illinois is behind the times or anything-- the General Assembly finally got around to incorporating the Court's Planned Parenthood v. Casey, 505 U.S. 833 (1992) ruling into it's abortion notification law. Casey (and its later progeny) held in part that a State can require minors who seek abortions to give their parents notice of their intent, or, if that would be an "undue burden" on the minor (e.g., due to a terribly abusive home), then the minor would have to petition a court for a "judicial bypass."

St. Charles Townspeople To Urinators: "You're Pissing Us Off...Now Pay Up!"

A little brite for your Sunday night: St. Charles (one of Chicagoland's posh exurbs) has decided to try and shake a prevalent problem it has downtown: public urination. The solution? Pass a law (or an ordinance), of course!

Pharmacists are Shaking in their Lab Coats

The Wall Street Journal reports that a 35-year-old woman bought close to 4,500 painkillers over the course of a year, recklessly decided to drive a car, and ultimately killed one man and severely injured another. Can these men sue the woman? Yes. Can they sue the pharmacy that filled her prescriptions? Not as easy to answer. Sanchez v. Wal-Mart Stores, pending before the Nevada Supreme Court, may be the first United States case to consider whether pharmacies can be held liable for a fatal accident caused by a customer's prescription drug abuse.

Explaining the Lag in Filling Federal Judgeships

The Obama administration's pace in filling the many federal court vacancies has been quite slow. As we observed back in early October, President Obama has appointed considerably fewer judges than President Bush did during his first year and--more significantly--has had much less success in the confirmation process than his predecessor. While President Bush got fifty-three nominees confirmed in his first year, only four of the twenty-four lower federal judges appointed by President Obama have been confirmed with the new year just around the corner.

What, exactly, explains this perplexing phenomenon to which mainstream media outlets are only recently starting to pay attention?

You Say, We Say, We All Say, Hearsay!

Question: Whether prior statements made by an alleged murder victim and another, separate missing victim to family and friends in letters can be admitted over hearsay and Confrontation clause objections, when they are to be used against the alleged perpetrator of both crimes?

Brief Answer: According to the Illinois General Assembly, possibly yes.

A Quake in the Golden State

From the LA Times:

Today, a [constitutional] convention moves an important step closer to reality as Repair California -- the coalition spearheaded by the Bay Area Council together with organizations of various philosophies across the state -- files its language for two measures to appear on the November 2010 ballot. Voters will be asked first to amend the Constitution to permit themselves to call a convention, then, second, they'll be asked to actually call it. A convention can work. It can give the constantly evolving state an updated government that better serves its restless people.

It's coming California. There is light at the end of the tunnel. More to follow.

What A Jerk (Chicken) That Judge Is!

Judges beware: telling a defendant that bringing chicken into your court (even if it is delicious, delicious chicken) in order to prove completion of community service may result in chicken being brought into your court room (much to your palate's delight and your career's chagrin)!

Personally, I don't see why the State's Attorney's Office and the Circuit Chief Judge got so upset. So what? The judge was made to eat his words. Literally. The fact is, the defendant followed a court order and justice was served (Jamaican Jerk-style, but sans slaw). I bet the Assistant State's Attorney was just upset that she didn't get a drumstick.

The Other Circuits Ain't Got Nothing on The Seventh!

The Seventh Circuit is notorious for its braininess and eminence. With Judges Posner and Easterbrook at the helm, the Seventh Circuit is a powerhouse of jurisprudence. However, in recent years, the Seventh Circuit has seemingly decided to add another facet to its notoriety--not only is it the baddest Circuit around, but it's also the coolest.

Introducing the "Civil Gideon"

In 1963, the Supreme Court unanimously decided in Gideon v. Wainwright, 372 U.S. 335 (1963) that the Sixth Amendment gives all low-income defendants the right to counsel in criminal cases. A year later, the Court broached the issue of a similar right in civil cases claiming that "laymen cannot be expected to know how to protect their rights when dealing with practiced and carefully counseled adversaries.” See Brotherhood of R.R. Trainmen v. Virginia, 377 U.S. 1, 7 (1964). However, in 1981, it declared that indigent litigants do not have the right to court appointed counsel in cases involving the termination of parental rights. See Lassiter v. Department of Social Services,, 425 U.S. 18 (1981).

In the past decade, the movement towards establishing the right to counsel in civil cases has been gaining traction, and in 2006, the ABA issued a statement showing its support. Well, from the ABA's mouth to Governor Schwarzenegger's ears, and we get the first state law in California mandating legal representation for indigent civil litigants, otherwise known as the "Civil Gideon."

Fast Moving Week in the Senate--Two District Judges Confirmed

Nearly a month ago, we noted in a clerkship series post that the Senate Judiciary Committee had sent four federal judicial nominations to the Senate for a vote, encouraging prospective clerkship applicants to polish their applications off to receive a federal clerkship in October or beyond. So far, it looks like we chose the word "beyond" wisely--opportunities may extend well into the spring given the current pace of things.

Other Job Options: Owning a restaurant

Law student by day, restaurant owner by night. The Spectator - Seattle University

A3 Unleashed: C.J.R. Shares Wine With Neighbors

When Justices Go Wild! This story pairs nicely with the ATL piece on Scalia's cameo.

C.J.R. went to dinner with his wife at some swanky Manhattan eatery. Not wanting to let good wine go to waste (or, decent wine...), C.J.R. did what any good Conservative would do (with his wife, Jane, concurring)--he offered to share it with his neighbor. Who says Conservatives aren't community organizers? Not only that, but he signed the bottle, too!

C.J.R.--In Vino Veritas, indeed!

My Dad Makes More Money Than Your Dad

Probably not true (Social Security doesn't make for a lavish salary), but it would be easy to find out that kind of information in Norway. From Yahoo (via AP):

It's the moment nosy Norwegian neighbors have been waiting for — the release of official records showing the annual income and overall wealth of nearly every taxpayer in the Scandinavian country.

In a move that would be unthinkable elsewhere, tax authorities in Norway have issued the skatteliste," or "tax list," for 2008 to the media under a law designed to uphold the country's tradition of transparency.

Big Law, Nevada-style--An Electoral Showdown?

The Nevada desert is a brutal, unforgiving place. It's like 1,000,000 degrees, and there is no shade (save for the REALLY spiny tree/cacti things). And, it looks like it may be heating up real soon: according to the Las Vegas Sun, it is looking likely to be a two-pony race for the Governor's Mansion in 2010, with two of the biggest law firms in the State training the favorites. (Side note: what kind of paper is this? Everything in Vegas should have betting lines attached!)