Wednesday, April 2nd, 2008

Miscellanea: Legal and Otherwise

Property law in Victorian literature: Ilya Somin’s post on fee tails in Austen novels brought up great comments on similar issues in works by Trollope, Hardy, etc. Apropos of absolutely nothing except the connection with English novels, I recommend Anthony Powell’s A Dance to the Music of Time, a 12-volume roman fleuve. […]

Wednesday, April 2nd, 2008

9th Cir: Post-conviction Access to DNA Evidence

The 9th Circuit has affirmed Judge Ralph Beistline in this case involving an Alaska prisoner. 

In this post-remand appeal, we affirm the judgment of the district court that, under the unique and specific facts of this case and assuming the availability of the evidence in question, Osborne has a limited due process right of access to […]

Wednesday, April 2nd, 2008

DAlaska: Title VII Issues

Judge Timothy Burgess has denied part of the defendant employer’s reconsideration motion in this Title VII action alleging age, race, and parental status discrimination.  The pro se plaintiff seems to be doing a good job of keeping the race part of her case alive.  Judge Burgess earlier denied the employer’s summary judgment motion, and addressed […]

Wednesday, April 2nd, 2008

Practice Tips for Employer’s Counsel

In an overtime misclassification case, a California court has held that portions of employer counsel’s pre-litigation review of jobs is not privileged, here, descriptions of the employees duties.  H/T: Robin Weideman at California Labor & Employment Law Blog