Thoughts on recent Ninth Circuit and California appellate cases from Professor Shaun Martin at the University of San Diego School of Law.
Thursday, August 25, 2005
Hirschfield v. Payne (9th Cir. - Aug. 22, 2005)
Here's a cautious, balanced, and sage opinion by Judge O'Scannlain, both in substance as well as in form. The type of opinion I like to see. Ditto, by the way, for the opinion by Judge Tallman in Doe v. U.S. Sometimes you gotta do what you gotta do. Even if you don't particularly like it. See also Judge Reinhardt's concurrence in Diaz v. Parks.