As previously reported the Rhode Island Supreme Court has decided to webcast the oral argument in the lead paint appeal. The Court has now put up on its web site a link to the webcast, which can be found on the Court’s Of Current Interest page. I suggest right-clicking on the webcast link and opening it in a new window. It looks like you will need Windows Media Player to watch. Enjoy!
So tonight the plan was to get in my run during my daughter’s girl scout meeting, but after the parents’ meeting about an upcoming camping trip ran long I didn’t have time to run as far as I wanted, so I walked over to the Museum of Primitive Art and Culture to listen to Chief Justice Frank Williams give a short lecture on Abraham Lincoln and his (minimal) role in the Black Hawk War. After an interesting talk in which there was more to be learned about Chief Black Hawk than about Abraham Lincoln, the Chief Justice answered some questions, including talking at some length about getting to know the Montagnard people during his time in Vietnam in 1966-67. The Chief Justice also recommended this book on the Black Hawk War. I should apologize to the Chief Justice for my attire (I was dressed to run), as well as my early exit during the Q&A to retrieve my daughter from her meeting.
Michael DiLauro, Director of Training and Legislative Liaison for the Rhode Island Public Defender’s Office, publishes an e-mail newsletter called Innocence Issues. His most recent issue is entitled UNINTENDED BUT WELCOME CONSEQUENCES OF THE OFFICE OF THE PUBLIC DEFENDER’S CRIMINAL JUSTICE REFORM EFFORTS. It is below the fold, along with DiLauro’s contact information. Enjoy.
A defendant convicted of operating a motor vehicle without a driver’s license challenged the constitutionality of the law requiring drivers to be licensed, and the Rhode Island Supreme Court on Tuesday reiterated the following rules:
Said the Court:
We therefore conclude that § 31-11-18 is constitutional as applied to motor-vehicle operators on this state’s public highways, including the defendant, regardless of his unwillingness to recognize the federal government.
RILJ remains on break, but here’s a quick hello to new readers coming over from the Freakonomics blog, which links to RILJ today in a post about the lead paint oral argument. Please come again! And if you’re interested in the lead paint case, you should check out Law and More, which covers lead paint issues extensively.
. . . while I consider the future of the blog. I am probably going to make a change, posting less frequently (perhaps weekly?) but writing at greater length about Rhode Island-related legal, political and social issues. In the meantime, you can find me at Pincince Legal Services, Run Rhode Island, LinkedIn, and Facebook.
UCLA Professor Devon Carbado lectures Tuesday at RWU Law:
[T]he problem of race in the post-Brown workplace is a product not only of phenotypic manifestations of difference (or skin-deep racism); it is also a product of performative manifestations of difference. Employers want to know not only whether the prospective employee is black in an identity status sense, but whether he is black in an identity conduct sense. For at least some employers, the ideal black employee is one who is identifiably black with respect to phenotype but unconventionally black with respect to conduct or social behavior. From the employer’s perspective, this employee “looks” but does not “act” black.
Appreciating this “looking” and “acting” race phenomenon is crucial to answering the question: What exactly is discrimination on the basis of race?
The lecture is at 5pm in Room 283.
Offensive Lineman Dan Goodman writes about the team’s first scrimmage and the competition taking place in every practice:
Players are continuing to fight for positions and it has made the practice field extremely competitive between the offense and the defense. There have been a ton of position changes, Coach Rizzi has put players at positions that will immediately benefit the team. Dave “The Dancing Bear” Valley made the switch from defensive tackle to guard this spring and has been making some impressive blocks.
Running Back coach and Special Teams Coordinator Eddie Allen answers questions about the team’s progress:
I think right now, our kids are really getting a grasp of what we want them to do in spring ball. It’s not 100% and it’s not always perfect, but they’re making an effort to get better every day on the field and in the classroom.
And GoRhody provides spring practice roundup number 4, this time focused on the linebackers, including this quote from Linebacker Coach Tem Lukabu:
“Looking on the outside in, a lot of people think linebackers run around smash people here and there, but it’s a mentally taxing position. It may be more so than the other two spots on defense because you have to be able to play the run and cover the pass. To me, they have to be good mentally and physically, so being a technician and knowing what you’re doing are equally important.”
The team will practice today 4-6pm and scrimmage tomorrow 1-3pm.
I have been told by some that because the list of links to the right of this page covers so many sites they regularly read they use RILJ as a starting point, and some have made RILJ their home page for that reason. In order to keep the list somewhat useful, I try to delete dead links and links to sites that have not been updated for weeks or months, but because I can’t possibly visit all of the linked sites regularly, I could use your help in doing so. If you click on a link and it is dead or dormant, please comment here or shoot me an e-mail to let me know. Also, if there are sites you visit that you think should be included in the list, let me know that, too. Thanks!
(4.8.08 9:49am): There is a new blog on the scene called Rogues Island Ethics, a “non-partisan discussion of ethics in Rhode Island and beyond.” The first post from the anonymous authors was last Thursday; here’s a sample:
My posts here will reflect my non-partisan nature. I probably would have called this blog “The Independent Man” if that name had not already been unsuitably appropriated by a local info-tainment personality.
Thus far the writers have posted about financial disclosure, the ethics commission agenda for today’s meeting, and how to handle getting caught with an ethics violation. I will update if I find out who the author is.
ADDED (4.8.08 9:20pm): The authors of this new blog have responded to my request for more information:
Hi Jon,
Thank you for the welcome message. Reading your blog was a big part of the inspiration for creating ours, which is why I put you in the blogroll.
Well isn’t that nice? To continue:
The contributors to roguesislandethics.com originally envisioned anonymous commentary, and hope to keep it that way if possible. We don’t plan on posting anything accusatory, sensational or controversial. Just a fun, part-time way to share a common interest when time allows.
We also didn’t expect to get noticed so quickly.
Hey, we don’t miss a beat here at RILJ. Actually, it was because they linked to RILJ that I found their blog. The Wordpress blog software I use tracks links to RILJ and lets me know about them every time I sign on. And I’m no internet investigator, so don’t expect me to expose the authors. Though I suspect if their blog gets enough attention others will take it upon themselves to do so. To continue again:
Again, thanks for the warm welcome and keep up the great blogging.
Thanks. Good luck to you!
This is interesting. But can something called the Moderate Party get people excited?
Here (with more photos). This issue looks at the defense:
“It’s been kind of a blur for all of us. Everything has been happening very fast,” said [senior Jimmy] Young. “We’re installing a new defense, and while some of the concepts and covers are the same, we’re adding a few new packages, which takes some getting use to. Everyone is doing a good job and getting better every day. We’re all on each other’s backs and competing, but we’re all good friends. We get better through it.”
The Rhode Island Supreme Court explains in Carrozza v. Carrozza:
Black’s Law Dictionary defines the term “signature” as “A person’s name or mark written by that person or at that person’s direction.” Black’s Law Dictionary 1415 (8th ed. 2004). We are further persuaded by the more explicit entry in the dictionary’s sixth edition, in which the term “signature” was defined quite broadly. “A signature may be written by hand, printed, stamped, typewritten, engraved, photographed, or cut from one instrument and attached to another * * *.” Black’s Law Dictionary 1381 (6th ed. 1990). The validity of a signature, therefore, does not turn on the form of the mark; indeed any mark will suffice, as long as that mark is adopted as one’s own.
The case also involved a question of adverse possession:
The precise issue is whether a grantor who conveys real property to a grantee can claim title later to that real property by adverse possession against the grantee’s successor. We conclude that the grantor cannot reclaim title in this manner.
Unfortunately I was unable to attend any of yesterday’s visit by Justice Scalia to RWU Law School. But here are a few reports on the goings-on. First, the ProJo’s Edward Fitzpatrick:
One student asked Scalia what advice he would give to Supreme Court nominees facing confirmation hearings today.
“I always thought it is the duty of anyone going through a confirmation hearing for a judgeship to answer as few questions as possible about how that person would vote as a judge,” he said. “Because it’s one thing to express a view in a law review article, or anywhere else, about how you would vote. When you get on the bench, that’s fine, you just change your mind. But when you make a commitment to your appointing committee — the Congress that approved you — that’s a commitment, and you feel a real pressure not to make a liar out of yourself.”
Next, RWU Law student (and RI’s Future’s) Matt Jerzyk:
In a lecture at Roger Williams School of Law today, Scalia discussed the importance of the Constitution in shaping the American identity (while we have a term “un-American,” there is no word in the French language that describes what is “un-French.)” However, a majority of Scalia’s time went into aggresively promoting his “originalist” theory of the Constitution and why his opponents are wrong.
In one of a dozen comedic moments, Scalia acknowledged that his opponents who believe in a “living Constitution” have made it harm for him to sell the alternative: a “dead Constitution.” His arguments against the living Constitution advocates were often times personal - making degrading faces several times in describing their arguments and their lack of intelligence - including panting like a dog.
Last, RWU Law student (and RI’s Future’s) Kim Ahern (in the comments to Matt’s post):
When asked which branch is most likely to overreach and grasp for more powers, many of my fellow students said the executive (perhaps it has something to do with our current POTUS), however, Justice Scalia yelled back:
“No! forget the ‘imperial presidency, that is frail compared to Congress’ Thus, in his view - the answer is clearly congress. The source of tyranny has always been the legislature!
The title of Matt’s post is “Scalia: ‘I’m an originalist. I’m not a nut.’” This is not a new line for Scalia; I noted recently that Scalia once said the same thing when talking about the difference between himself and Justice Thomas.
ADDED (4.8.08 12:30pm): Here’s the WSJ Law Blog’s report.
URI scrimmaged yesterday before fifty or so (cold) spectators and, as one would expect, the defense looked a little ahead of the offense. There were sacks, missed blocks, turnovers, missed tackles, dropped balls on both sides, a missed field goal, and several penalties. The offense did manage a few scores, and looked more comfortable the longer they were out there. Altogether, after only a handful of practices it’s impressive how far along the players - both on offense and defense - seem to be in learning the new systems. And while it’s too soon to judge, none of the three quarterbacks looked out of his element, and each of them led the offense to at least one score. The team returns to practice today at 4pm.
Another GoRhody update on (and more photos of) spring practice; this one focuses on the offensive line:
“The big difference for the line this year is the scheme. They’re going from a triple-option offense to a spread attack is like an entire position change for those guys,” said Rizzi. “Guys like Goodman, Antal, and Dempsey have been doing the same techniques for years, which has made things a bit hectic for them, but they have done a nice job with the transition. They’ve learned new footwork techniques and hand placement. There are some guys who are challenging each other. We’re not going to know who the starting five is until the end, but the good news is that we’ve had more competition that I expected.”
. . .
Rizzi has stated that he hopes his players will come away from spring ball with a solid grasp on the new system, but when asked about the O-line, he added, “As much as you want the offensive lineman to learn what’s going on overall, their technique is probably more important than anyone’s. If they have a lapse in technique, it really affects the rest of the play.”
The Rams will hold their fifth practice of the spring on Friday, April 4 from 4-6. Fans are invited and encouraged to attend.
I’ve been told there’s a possibility of this practice being postponed if it is raining this afternoon, so if planning to attend you might want to check the weather report and/or call URI before heading to Kingston.
ADDED (4.4.08 1:35pm): This just in - practice today is postponed due to the weather, as is the scrimmage scheduled for tomorrow morning. The team will scrimmage Sunday morning at 9:45. All are invited and encouraged to attend.
In the meantime, check out this Q&A with Defensive Line Coach Rob Neviaser.
RWU Law’s Event Calendar says that United States Supreme Court Associate Justice Antonin Scalia will be visiting the school on Monday, April 7th. However, right now the RWU site still says that there will be “details soon.” A few folks have asked me whether I have more information; unfortunately, I do not. But I have e-mailed RWU’s director of events seeking more information about the event (including whether it will be open to the public) and I will update when I have more.
ADDED (4.3.08 1:33pm): This ProJo report from January makes it sound like there will not be a public portion to Scalia’s visit:
On April 7, Scalia, “who is widely regarded as the intellectual anchor of the court’s conservative wing,” will visit the law school, the college announced. Scalia will teach a constitutional law class and meet with faculty and students in small groups, [Dean] Logan said.
And Dean Logan’s blog says the same, so those wishing to hear the Justice speak seem to be out of luck:
I am delighted that Justice Scalia will spend a day with us. He is an intellectual leader, whose path breaking theory of ‘originalism,’ set out in judicial opinions, books, and scholarly articles, has framed the constitutional law debate in law schools and the courts for more than two decades. He is also remarkably candid about his views on the workings of the Supreme Court, and the law more generally, and I very much look forward to having him in our intellectual community.
During his visit, Justice Scalia will teach, speak with students, and meet the Roger Williams law community.
What’s odd is that back in September I reported that in an August 30, 2007 letter to alums Dean Logan said that Justice Scalia would give a public lecture. I guess the plan changed; that’s too bad.
ADDED (4.3.08 2:04pm): Also interesting to note is that RWU’s Associate Dean for Academic Affairs and Associate Professor of Law David Zlotnick in 1999 wrote a law review article (48 Emory L.J. 1377) entitled Justice Scalia & His Critics: An Exploration of Justice Scalia’s Fidelity to His Constitutional Methodology. Here’s a short sample from the conclusion:
Scalia misses the irony that his public message actually undermines his goal of preserving the citizenry’s trust in the Court. Scalia’s error is not just that he is a Justice behaving like a politician, but that he has chosen to be the worst kind of politician. By demonizing his opponents, he de-legitimizes the judicial branch whenever the “wrong side” wins. Whether issues are framed as political or legal, the radicalization and degradation of the political process begins by painting difficult choices as black and white. Scalia’s claim that his constitutional methodology yields results devoid of personal values misleads the public into believing that constitutional adjudication is easy. To the public, Scalia is selling not just a dead Constitution, but a “Constitution Lite.” Thus, when he denounces difficult decisions of the Court as judicial usurpation of the democratic process, Scalia gives aid and comfort to political extremists who would disregard and flout the Court’s authority.
Here is Zlotnick’s article in full.
ADDED (4.3.08 2:10pm): The RWU site now reads:
The University community is invited to attend a live, closed-circuit simulcast of Justice Scalia’s Q & A with law students and faculty on April 7, from 2:00 - 3:00 p.m., in the dining area on the Lower Level of the Law School.
The actual Q & A, being held in the School of Law’s Appellate Courtroom 283, is by reserved seating only and closed to the public.
For those of us who cannot be there, I wonder whether the Q&A can be recorded and uploaded onto the RWU web site for viewing . . .
ADDED (4.3.08 2:22pm): According to RWU’s director of events, the Q&A session will not be recorded.
The Rhode Island Judiciary has posted the text of Chief Justice Frank Williams’ 2008 State of the Judiciary address here. Here is the Chief on the courts going paperless:
We continue to modernize our technology, which is now positioned to move the Judiciary toward a paperless operation with an electronic filing system similar to several other states and the federal court system. This goal will take four years to achieve, but the benefits are many. The Judiciary’s 224,000 new cases each year will be filed and heard fairly and expeditiously, and without paper.
And on the Blackstone Valley courthouse:
While I am sensitive to the state’s current financial condition, the need to better serve our citizens in northern Rhode Island and to decongest a severely overcrowded Garrahy Judicial Complex is not going to go away. The crowding will only become more acute and the construction costs are only going to increase as time passes. Nevertheless, in recognition of the hardship we all face and despite this longstanding need, I have spoken to the Speaker and the President about deferring this project for another year. And the Governor has indicated his support for construction if we wait another year. Therefore, all have agreed to postpone the construction until Fiscal Year 2010.
Of course, the Governor’s spokesperson has stated that the Governor agreed only that construction of the courthouse should be delayed at least one year.
Welcome to those of you now visiting from the ProJo’s URI bulletin board. Check out URI offensive lineman Dan Goodman writing on the CAA Football Blog every Wednesday. He has two posts so far, March 26th and April 2nd. Here’s a sample from his most recent entry:
The effort level has been where it needs to be, however the mental aspect is still coming along. Understanding a new system takes time, and our meetings have helped speed up the process. Coach Rizzi preaches undivided attention to whatever each player is doing at that particular moment, whether it be a meeting, practice, or class. Players have been living by this law and the overall discipline of the team has improved a great deal.
The team will practice Friday, April 4th at 4pm, then, says Goodman, the team will scrimmage Saturday morning to wrap up the week.
Last week the Rhode Island Senate unanimously passed S2026, a bill that, according to today’s press release, “would allow the Family Court to order child support beyond an ‘emancipation event’ if a child has a severe physical or mental impairment.” While the child support statute already provided that a judge could order support in such a case to continue until the child reached the age of 21, the amendment would replace the age limit with a list of factors for the court to consider, including “the extent of the disability, the cost of extraordinary medical expenses, the child’s ability to earn income, [and] the parents’ and child’s financial resources. The court may also consider whether or not the custodial parent is able to sustain gainful employment due to the care the child requires.” The bill’s primary sponsor, Senator David Bates, said, “This legislation is important because it allows our Family Court judges to consider extenuating circumstances in which a child may need financial assistance past his or her 19th birthday. Instead of arbitrarily ending child support due to a given event, this allows necessary leeway.” This makes sense. For many parents the cost of caring for a disabled child does not cease at 19, 21, or any particular age; why should a non-custodial parent’s obligation end before a custodial parent’s? Also, why not amend this other statute similarly?
So for about two minutes this morning I was taken in by Google’s Custom Time April Fools’ Day Joke. It’s always a little embarrassing to realize you’ve been had. Like the lawyer who called me last year after reading this post to ask me if it was really true, only after he had passed on the news in all seriousness to several colleagues. But note that blogs really do have a custom time feature. For instance, I’m writing this at 8:55am, but according to the above, I posted this at 7:55am. I also can prepare posts ahead of time and have them automatically appear online at the designated time. I know that some busy bloggers do this to appear as if they are posting throughout the day.
I attended spring practice Saturday and Sunday, but stayed away today because of the rain. GoRhody has a report on the first three days of spring practice (and a photo gallery of today’s practice):
“There was a lot of anxiousness when we first came out. After three days, the hesitancy is gone and guys are flying around because they’re more comfortable with the x’s and o’s,” said URI head coach Darren Rizzi. “Quite frankly, they’re getting use to how we practice. Everything is new to them - the structure, the tempo - and after three, there’s more of a comfort level. It was nice to see the guys flying around in the first day of full pads.”
As Rizzi says, over the first two days I could see that the players are learning not only new systems and terminology, but simply how to practice under their new coaches. The practices are intense, fast-paced and packed full of individual drills and instruction, in addition to the installation of new systems.
One of the many items on the agenda for coach Rizzi and his staff this spring will be the installation of a new offensive system. Chris Pincince - who coached the Patriot League’s highest-scoring offense at Holy Cross last season - was tabbed by Rizzi to rebuild the URI offense, and perhaps his most important task this spring will be mentoring his three quarterbacks - Derek Cassidy, D.J. Stefkovich, and Greg Wicks - through the ups and downs that come with learning a new system.
“I’m hoping these three guys come away with an understanding of the offense,” said Pincince. “We’re going to do things that are completely different than what they have done before, and hopefully they can get the other 10 guys on offense going in the right direction.”
. . .
“Everyone has a clean slate. They’re all going to share equal reps and get what they can get,” said Rizzi. “It’s a learning curve for them, but so far, they have all had their ups and downs. When you’re running a new offense, the quarterbacks are under the most pressure, so having the ability to get out there and learn and get the reps today helps. I think the speed of the game changed on them a little bit. The weather didn’t help, but they have all had some positives.”
Last month, Rizzi inked two high school standout QB’s to National Letters of Intent - Kyle Elliot of Cresskill High School (N.J.) and Marc Lucarini of Camden Catholic (N.J.). Both incoming freshman will also factor into the QB shuffle come camp in August.
The QB competition will be interesting to watch over the spring, then again in the late summer when the freshmen arrive. Catch practice Wednesday and Friday at 4pm. Fans are invited and encouraged to attend.
Here is the Q&A with Offensive Coordinator Chris Pincince. Here is the Spring Schedule:
The Rams will hold 14 practice sessions leading up to the Spring Game at 1 p.m. on April 26. Practices on Monday, Wednesday, and Friday will run from approximately 4-6 p.m. (subject to change) while Saturday’s practice times will vary.
“The coaches and student-athletes are very excited to get out on the practice field after a very successful eight-week training session,” said Rizzi. “Personally, I can’t wait to begin my first practice as head coach of the University of Rhode Island.”
All practices are open to the public and fans are encouraged to attend. Please visit GoRhody.com for news, recaps, interviews, and photos from spring ball.
2008 Spring Practice Schedule: Saturday, March 29 [at 3:45pm]; Sunday, March 30 [at 4:30pm]; Monday, March 31; Wednesday, April 2; Friday, April 4; Saturday, April 5; Monday, April 7; Wednesday, April 9; Friday, April 11; Saturday, April 12; Monday, April 14; Wednesday, April 16; Saturday, April 19; Wednesday, April 23; Spring Game: Saturday, April 26.
There is also news of the addition of three more coaches. Go Rams!
No time to comment right now, but wanted to note that Ian Donnis has this post on the Chief Justice’s appearance on the WPRI/WNAC show Newsmakers, during which the Chief Justice answered questions about judicial accountability, the bird sounds at the Kent County Courthouse, and court interpreters. The show will air Sunday, I believe.
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