Tuesday, December 28, 2004

Tribune opposes Griffith nomination

The Salt Lake Tribune, in an editorial published yesterday, criticizes President Bush's decision to renominate BYU general counsel Tom Griffith to the U.S. Court of Appeals for the D.C. Circuit. And this is the same Tribune that endorsed President Bush for reelection just two months ago.

Friday, December 24, 2004

Trib on Griffith

Thursday, December 23, 2004

L.A. Times on judicial nominees

The Los Angeles Times reports that Senate Democrats are decrying President Bush's decision to renominate 20 federal judicial candidates who were not confirmed in the 108th Congress. This story mentions Tom Griffith as one who may face additional oppositions from Republicans as well.

Griffith to be renominated

The White House said today that President Bush will re-nominate Tom Griffith, BYU general counsel, to a seat on the U.S. Court of Appeals for the D.C. Circuit. Griffith failed to win Senate confirmation in 2004, apparently in part due to failure to pay D.C. bar dues and failure to become licensed to practice law in Utah. Here's hoping it goes better next time around for Griffith and the 19 other federal judge nominees the White House will nominate again next year.

The New York Times provided coverage here.

Tuesday, December 21, 2004

Homeless and liquor

Deseret Morning News columnist Doug Robinson interviewed three Salt Lake City homeless men and wrote a poignant column headlined "On the street, the day starts when liquor stores open." Robinson is a good writer, and I'm glad to see he isn't writing about sports this time. One of my primary complaints with Deseret News columnists is that they always write about sports, even those who are not sports columnists. I'm talking about Robinson and Lee Benson, primarily. It's not that I don't like sports, but I do think our society is becoming "all sports, all the time," and it does annoy me to have to read about sports on the local news page.

Appeals keep man in jail

Monday, December 13, 2004

Libel-proof plaintiffs

The United States Court of Appeals for the Tenth Circuit held last week in Lamb v. Rizzo that a one-time Kansas State Penitentiary escapee who was convicted of kidnapping and murder was libel proof with respect to alleged falsehoods written by a newspaper reporter about the convict's crimes.

The Tenth Circuit described "libel proof" this way:

when a plaintiff's reputation is so diminished at the time of publication of the allegedly defamatory material that only nominal damages at most could be awarded because the person's reputation was not capable of sustaining further harm, the plaintiff is deemed to be libel-proof as a matter of law and is not permitted to burden a defendant with a trial.

Friday, December 10, 2004

Oops! Forgot to hit "record"

The Utah Supreme Court held today that the double jeopardy clause in Utah's Constitution prohibits the retrial of an alleged drug dealer. The original trial judge declared a mistrial because a tape recorder malfunctioned and failed to record the first morning of trial. Because the mistrial did not need to be declared, the Supreme Court said, the man cannot be tried again.

Thursday, December 09, 2004

Odds against Hatch

According to this press release, entitled "Betcom Takes the Law Into Its Own Hands," a betting operation in San Jose, Costa Rica, has released odds on the next Supreme Court justice. Third Circuit Judge Sam Alito is a 100-to-1 shot, while Sen. Orrin Hatch, R-Utah, is at 1,200-to-1.

Multimillionaire, a cheapskate, sues UVSC over $40,000

This very interesting story, "Moore than enough? Activist presses UVSC lawsuit," appears in today's Salt Lake Tribune. It details an Orem man's effort to represent himself in Utah's Fourth District Court in contending that UVSC student leaders wasted public funds in inviting Michael Moore there for an October speech.

Tuesday, December 07, 2004

Compelled beef ads arrive at Supreme Court

The Christian Science Monitor has an article entitled "Next on Supreme Court menu: beef and free speech" about a case to be argued before the Court Wednesday.

Monday, December 06, 2004

Blogger's privilege

Do bloggers enjoy the same privilege as journalists not to disclose confidential sources? Here are some thoughts on (where else?) a blog about Delaware law; an op-ed piece in The New York Times; and an article in the New York Sun.

Thursday, December 02, 2004

The Times on Utah coach (Part II)

The Times on Utah coach (Part I)

Good story in The New York Times today about Utah Jazz Coach Jerry Sloan. It's headlined "Grieving Sloan Has Team to Lean On."

Wednesday, December 01, 2004

Still fighting

Members of the McCarthey family say they are still alive in their bid to regain ownership of The Salt Lake Tribune from MediaNews Group. The Tribune reported this morning that "Court sends Tribune case back to Utah." The story is based on a Tenth Circuit decision available here.

Former judge disbarred

The Utah Supreme Court issued an opinion yesterday concluding that former Utah Fourth District Judge Ray Harding, Jr., should be disbarred for using illegal drugs, reportedly while on the bench. Harding is the first judge in Utah history to be impeached by the Utah House of Representatives, although he resigned before the Utah Senate could vote to convict.