Month

September 2011
The Fourth Circuit heard arguments today in United States v. Abdi Dire, an appeal of the first piracy conviction in a U.S. courtroom in nearly 200 years.  Kevin Walsh has an excellent synopsis of the oral arguments, available here.  The defendants, five Somali pirates, were convicted for their attack on the U.S.S. Nicholas in in April, 2010....
Read More
In 2007, a band of American explorers recovered 17 tons of gold coins from a sunken Spanish galleon off the coast of ——.  Today, the Eleventh Circuit ruled that the men surrender the treasure to Spain.  For the opinion, go here.
Read More
On August 25, 2011, the Ninth Circuit denied an emergency motion for an injunction pending appeal to re-instate Endangered Species Act protections for gray wolves in Montana, Idaho, Oregon, Washington, and Utah. For the order, go here. Environmental groups appealed the case to the Ninth Circuit on August 13, after a federal district court upheld legislation directing the...
Read More
The Supreme Court appears headed for its most dramatic foray into partisan politics since Bush v. Gore. Challenges to President Obama’s health care law have started to work their way toward the Court and have been sustained by two Republican-appointed district judges. The constitutional objections are silly. However, because constitutional law is abstract and technical and because almost no one...
Read More
The Bureau of Land Management (BLM) and United States Forest Service (USFS) recently considered four alternatives for a drilling proposal in the Pinedale Resource Area of the Wyoming Range. In the Draft Environmental Impact Statement (DEIS), BLM rejected two alternatives as unreasonable. The remaining two alternatives – including the alternative selected by BLM – were...
Read More
    Elizabeth O’Nan lives alone on an 80 acre “island” of land she owns in the middle the Pisgah National Forest in northwestern North Carolina. O’Nan is 86 years old. Her property is accessible only by a small forest service road, over which she holds an easement. In December of 2010, the Forest Service...
Read More
Gibson Guitar Corp., one of the most widely known makers of guitars in the world, was recently raided by the U.S. Fish and Wildlife Service for a failure in the compliance arena. It was not for a violation of the Foreign Corrupt Practices Act, U.K. Bribery Act, OFAC or other more widely recognized anti-corruption statutes....
Read More
The so-called corporate opportunity doctrine prohibits a corporate fiduciary from seizing for herself an opportunity in the corporation’s line of business, unless she first offers that opportunity to the corporation. There is no question whether the doctrine applies to small businesses. The more interesting question is how it applies, given the unique characteristics of many...
Read More
If you have not already felt the impact of emerging green laws and policies aimed at enhancing the energy efficiency of buildings, fear not: you soon will. As of January 2011, green laws, executive orders, ordinances, and incentives affecting buildings had been implemented in at least 45 states, 58 counties, 384 cities and towns, and...
Read More
Rector and Visitors of the University of Virginia v. Cuccinelli (Va. Mar. 11, 2011): The Virginia Supreme Court agreed to consider the Virginia Attorney General’s request for documents concerning the so- called climategate controversy concerning grant applications of a former University of Virginia climate change scientist. In May 2010, the University filed a lawsuit objecting to...
Read More
1 2 3