DeNovo: A Virginia Appellate Law Blog

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The Fourth Circuit just handed down a new regulatory-takings opinion, Blackburn v. Dare County. Judge Richardson wrote for a unanimous panel that also included Judges Agee and Rushing. Here is the opening paragraph:

Joseph Blackburn, Jr. and Linda Blackburn own a beach house in Dare County, North Carolina. In the early days of the COVID-19

For a few years now, I’ve taught a spring class at UVA on something called “Federal Litigation Practice,” which I interpret to mean critical motions and appeals. (UVA offers other, much better, classes about trial practice.)

Every year, we start the class by going over “How to Write: A Memorandum from a Curmudgeon” by the

One of the nastier waiver traps in Virginia practice is the Drinkard-Nuckols rule–that is, the principle that if you unsuccessfully object to a piece of evidence, you waive that objection if you introduce evidence dealing with the same subject in your case in chief. (You can still introduce the evidence on cross-examination or rebuttal.)

This

It’s been a while since I’ve done one of these. Here’s what I’ve been reading:

  • Friday Night Lights by Buzz Bissinger. I loved this book and can’t believe I haven’t read it until now. It’s somehow both clear-eyed and sympathetic, and compelling throughout. My only regret is that coach never said, “Clear eyes, full hearts,

I’ve done two oral arguments at the revamped Court of Appeals of Virginia, and I have a few more in the pipeline. Some initial thoughts:

  • Good vibes. The clerk’s office is (as always) extremely helpful, and the arguments have been very enjoyable. The judges are well-prepared and extremely polite. Both panels freely doled out extra