Apr 28
2006
2:40 PM
Apr 18
2006
3:47 PM
Apr 18
2006
3:02 PM

The Supreme Court of California on Chin Music

The California Supreme Court in Avila v. Citrus Community College District (Cal. Supreme Ct. – April 6, 2006) explores the "beanball," "brushback," and "chin music" … and primary assumption of risk doctrine in California: 

Being intentionally hit is likewise an inherent risk of the sport, so accepted by custom that a pitch intentionally thrown at a batter has its own terminology:  “brushback,” “beanball,” “chin music.” In turn, those pitchers notorious for throwing at hitters are “headhunters.” Pitchers intentionally throw at batters to disrupt a batter’s timing or back him away from home plate, to retaliate after a teammate has been hit, or to punish a batter for having hit a home run. (See, e.g., Kahn, The Head Game (2000) pp. 205-239.) Some of the most respected baseball managers and pitchers have openly discussed the fundamental place throwing at batters has in their sport. In George Will’s study of the game, Men at Work, onetime Oakland Athletics and current St. Louis Cardinals manager Tony La Russa details the strategic importance of ordering selective intentional throwing at opposing batters, principally to retaliate for one’s own players being hit. (Will, Men at Work (1990) pp. 61-64.)…"

See also California Appellate Report at http://calapp.blogspot.com/.

Apr 13
2006
9:33 AM

Unpublished Decisions “Safe for Human Consumption”

Use Google News to retrieve articles on the Supreme Court’s vote to allow citation to "UNPUBLISHED OPINIONS" in Federal courts … Or visit Law.com for Tony Mauro’s article: "Supreme Court Votes to Allow Citation to Unpublished Opinions in Federal Courts," Legal Times (April 13, 2006) –

"The Supreme Court on Wednesday adopted a rule change that will allow lawyers to cite unpublished opinions in federal courts starting next year…. 9th Circuit Judge Alex Kozinski, the leading opponent of the rule change, said unpublished opinions were so designated for a reason: They are drafted "entirely" by law clerks and staff attorneys. He added, "When the people making the sausage tell you it’s not safe for human consumption, it seems strange indeed to have a committee in Washington tell people to go ahead and eat it anyway."

Contrast the new Federal courts rule with the California courts traditional limitations upon use of unpublished opinions —

Unpublished opinions of the California Courts of Appeal are posted here for 60 days solely as public information about actions taken by the Courts of Appeal.  Caution: Rule 977 (a), California Rules of Court, prohibits courts and parties from citing or relying on any unpublished opinion in any action or proceeding, except in limited circumstances specified by rule 977 (b). Availability of unpublished opinions on this Web site does not constitute publication under California Rules of Court, rules 976, 976.1, 977, or 978….  [California Courts Unpublished Opinions].

Apr 10
2006
4:01 PM
Apr 10
2006
2:43 PM
Apr 6
2006
11:14 AM
Apr 6
2006
9:13 AM
Apr 5
2006
2:16 PM
Apr 5
2006
11:46 AM

Unredacted Detainee Hearing Transcripts Released

The Department of Defense releases hundreds of pages of unredacted hearing transcripts:  "Combatant Status Review Tribunal (CSRT) and Administrative Review Board (ARB) Documents [Released March 3 and April 3, 2006].  Testimony of Detainees Before the Combatant Status Review Tribunal (The following documents have been cleared for public release.)"  [U.S. Naval Station Guantanamo Bay, Cuba, facility] [beSpacific.com]