The Legal Intelligencer reports that the Pennsylvania Supreme Court has ruled, with Justices Eakin and McCaffery dissenting, that Pennsylvania’s statutory attorney-client privilege protects not only communications by the client to the layer but, also, communications from lawyer to client. The ruling effectively expands the privilege in Pennsylvania – the relevant statute appear t cover only communications from…
1 1/2 Cheers for Obama and Holder
I don’t agree with Barack Obama on pretty much anything. That much is probably clear from most of what I’ve posted here and elsewhere. It is probably also clear that I don’t think very much of Eric Holder’s performance as Attorney General, either. And, to be sure, I have some issues with the Attorney General’s…
Why the Pennsylvania Supreme Court Won’t Hear the Pittsburgh Church Property Case
As noted in my previous post on the Commonwealth Court’s recent decision in the case involving the Episcopal Diocese of Pittsburgh, I doubt that the Pennsylvanis Supreme Court will agree to hear the case in the event that the Diocese hould choose to seek further review. This case seems to present a good opportunity to…
Good Legal Research/Writing Advice from Eugene Volokh
UCLA Professor Eugene Volokh recently provided some excellent advice that I highly advise following when citing to legal treatises that have been through multiple editions, and that have had different editors over the years: I ran across this passage (in a generally very well-done brief), which inadvertently highlights an issue that legal writers — students,…
J.T. Skilling, RIP
This morning came the news that John Taylor “J.T.” Skilling, son of former Enron CEO Jeff Skilling, has died of an apparent drug overdose. My condolences, and prayers, go out to the Skilling family at this time of loss. One wonders whether Jeff Skilling might have been able to impact his son’s life in a…
Is this what they teach in Con Law class at Harvard?
So former Solicitor General and current Harvard Law School Professor tells us that the federal government could, if it were of a mind to, issue a mandate requiring Americans to buy vegetables, and that such a mandate would pass Constitutional muster (thankfully, the good Professor tells us that they couldn’t actually force us to EAT…
Pittsburgh Church Property Ruling Unlikely to Have a Significant Effect
A Pennsylvania appellate court yesterday handed a victory to Pittsburgh Episcopalians in their long-running dispute with their former diocesan leadership (read the full opinion here). Observers of the Anglican scene will recall that the Episcopal Diocese of Pittsburgh, as well as a majority of its member parishes, several years ago effected changes to its constitution…
Episcopal Church Wins One – For Now – In Ft. Worth
Last Friday brought the news that the Episcopal and its rump Diocese of Ft. Worth had prevailed at the trial court level against the break away diocese led by traditionalist Bishop Jack Iker. The Episcopal Church and its partisans are, no doubt, rejoicing over this victory, especially given that many in the Episcopal Church establishment…
Sit Down and Shut Up? Dahlia Lithwick Gets It Half Right
In an interesting recent piece in Slate, Dahlia Lithwick and Sonja West (a former clerk to retired Supreme Court Justice John Paul Stevens) explore the question of whether and when sitting and retired judges should be free to express their personal opinions on public issues. Lithwick and West conclude that, with respect to sitting judges…
Shankopotamus Not Liable for Failing to Yell “Fore”
A recent issue of the New York Law Journal contains a report on a recent case in which the New York Court of Appeals upheld the dismissal of a personal injury suit filed against a golfer who failed to yell “fore” after hitting an errant shot and seriosuly injuring one of his playing partners. Seems…