|
|
|
Bush´s domestic spy program under court review
Court Watch |
2007/01/19 08:30
|
Attorney General Alberto Gonzales rapped federal judges Wednesday for ruling on cases that affect national security policy. Judges, he contended, are unqualified to decide terrorism issues that he said are best settled by Congress or the president. In a sharply worded speech directed at the third, and equal, branch of the government, Gonzales outlined some of the qualities the Bush administration looks for when selecting candidates for the federal bench. He condemned what he termed activist judges with lifetime appointments who "undermine the right of the people to govern themselves." In nominating a judge, "we want to determine whether he understands the inherent limits that make an unelected judiciary inferior to Congress or the president in making policy judgments," Gonzales said in the 20-minute speech to American Enterprise Institute, a Washington think tank. "That, for example, a judge will never be in the best position to know what is in the national security interests of our country." Gonzales did not cite any specific activist jurists or give examples of national security cases. Pressed later for examples, he noted that Congress approved the Military Commissions Act, which authorizes military trials for terrorism suspects, four months after the Supreme Court ruled the trials would violate U.S. and international law. "I don't think the judiciary is equipped at all to make decisions about what's in the national security interests of our country," Gonzales said. "How would they go about doing that? They don't have embassies around the world to give them that information. They don't have intelligence agencies gathering up intelligence information. ... It was never intended that they would have that role." Carl Tobias, a constitutional law professor at the University of Richmond in Virginia, said it is inevitable that courts would decide some of the most contentious questions involving national security. "Some of the most difficult issues are about national security, how to balance national security and civil liberties - especially in the context of domestic surveillance and enemy combatants," Tobias said. "Those are critically important issues that the courts are being asked to resolve." Gonzales, a former Texas Supreme Court justice, also characterized efforts to retaliate against unpopular rulings as misguided. He mentioned a failed South Dakota proposal to sue or jail judges for making unpopular court decisions. He also urged Congress to consider increasing the number of federal judges to handle heavy workloads and to offer them higher salaries to lure and keep the best ones on the bench. |
|
|
|
|
|
Ethics reform bill approved by Senate
Law Center |
2007/01/19 08:28
|
The US Senate passed the Legislative Transparency and Accountability Act of 2007 by a 96-2 vote Thursday, but declined to create a Senate Office of Public Integrity to investigate ethics breaches. The bill was the first major initiative taken by the Senate in the new Democrat-dominated session of Congress. The measure regulates lobbying activities by preventing lawmakers from accepting gifts and travel from lobbyists, requiring stricter reporting of lobbying activity, preventing spouses of lawmakers from lobbying the Senate and extending the period a former senator must wait before undertaking lobbying activities to two years. The final text passed by the Senate, however, did not include a provision which would have required disclosure of grass-roots lobbying. Senators voted 55-43 not to include that provision in the bill. The bill also requires clearer reporting of home state projects, denies pension benefits to those convicted of serious crimes and requires lawmakers to pay the full price fare when traveling on chartered planes. Opponents of the bill complained the measure discouraged free speech by deterring petition drives, but majority leader Sen. Harry Reid (D-NV) called the measure "the most significant legislation in ethics and lobbying reform we've had in the history of this country." |
|
|
|
|
|
Family sues radio station over Wii death
Breaking Legal News |
2007/01/19 05:24
|
The family of a California woman who died after participating in a radio station's water-drinking contest to win a Nintendo Wii will sue the station, their lawyer said on Thursday. Jennifer Strange, 28, a mother of three, died from suspected water intoxication after taking part in last Friday's competition, 'Hold Your Wee for a Wii'. About 20 people tried to out-drink each other without going to the toilet. Sacramento station KDND-FM responded by sacking ten members of staff, including several DJs, and cancelling the 'Morning Rave' programme. The DJs had joked about people dying from water intoxication and teased Strange about her distended stomach. "The station knew this was a dangerous and potentially deadly stunt, but flippantly dismissed the dangers," lawyer Roger Dreyer said in a statement. "Hearing the tape [of the radio show], it's very clear they knew of the dangers and could foresee that this could lead to Jennifer's death." The station could not be reached for comment because its phone number was continuously engaged on Thursday evening. Police are also investigating the death for possible criminal charges. An excess of water in the body can lead to the dilution of vital fluids. That in turn can lead to swelling of the brain, seizures, comas, an irregular heartbeat and in some cases death. |
|
|
|
|
|
Supreme Court allows deportation for aiding car theft
Breaking Legal News |
2007/01/18 11:52
|
The US Supreme Court ruled Wednesday that an alien convicted for aiding and abetting a theft offense can be deported under the Immigration and Nationality Act (INA). In Gonzales v. Duenas-Alvarez, Luis Alexander Duenas-Alvarez, a legal permanent resident, pleaded guilty to the unlawful driving or taking of a vehicle in violation of California law - Cal. Veh. Code Ann. §10851(a) - and the Department of Homeland Security took steps to remove him from the country under the INA, specifically under 8 USC §1101(a)(43)(G). The immigration judge hearing the case and the Board of Immigration Appeals dismissed Duenas-Alvarez's appeal, but the US Court of Appeals for the Ninth Circuit disagreed in light of its recent decision in Penuliar v. Ashcroft, where the Ninth Circuit held that violating §10851(a) of the California Vehicle Code is not a theft offense under the INA. |
|
|
|
|
|
Court upholds killing of 'Wal-Mart bill'
Court Watch |
2007/01/18 08:52
|
A federal appeals court on Wednesday said the State of Maryland may not require large retailers (Wal-Mart was the target) to spend 8 percent of their payrolls on health care for employees. In a 2-1 ruling, the U.S. Court of Appeals for the Fourth Circuit upheld a lower court ruling that said Maryland's law violated the Employee Retirement Income Security Act. (That federal labor law says companies may offer uniform health benefits across the country rather than deal with a variety of state requirements.) "Hopefully this will send a message to other states," said the American Legislative Exchange Council (ALEC), a group that represents the interests of state lawmakers and advocates free-market policies. According to ALEC, five other states - Indiana, Minnesota, Missouri, Mississippi and New York -- have all filed "Fair Share" bills like the one that became law in Maryland. A Wal-Mart defense group -- Working Families for Wal-Mart -- applauded the appeals court ruling. |
|
|
|
|
|
UN SG Ban concerned over stalled Hariri tribunal
International |
2007/01/18 06:54
|
UN Secretary-General Ban Ki-moon said Wednesday that he is concerned about the status of ongoing discussions between the UN and Lebanon on the proposed UN-supported international tribunal to try suspects accused of assassinating former Lebanese Prime Minister Rafik Hariri in February 2005. Ban said: It is important that the Security Council has decided to establish a special tribunal. The United Nations has concluded agreement with the Lebanese Government. It is a source of concern for me, as Secretary-General, that we are not being able to establish a special tribunal, as was mandated by the Security Council. At the same time, I was encouraged by the willingness of the Lebanese Government to work together for the establishment of a special tribunal, including President Lahoud and Speaker of the Parliament Berri. I will discuss again this matter with the Lebanese leaders when I meet them in Paris.
The Lebanese cabinet approved a draft plan for the tribunal in November despite the resignation of all six pro-Syrian members. In December, Lebanese President Emile Lahoud formally refused to endorse the document, calling on the cabinet to take up the proposal again "when there is a legitimate and constitutional government." The measure has been approved by the UN but requires backing by both Lahoud and the Lebanese parliament before the tribunal can said to have been formally accepted. |
|
|
|
|
|
Clark Hill PLC Law Firm Opens Chicago Office
Law Firm News |
2007/01/18 06:44
|
The Michigan-based law firm of Clark Hill PLC has opened an office in downtown Chicago, firm CEO John Hern announced today. Attorneys Tina M. Bird, W. Kent Carter, Richard H. Chapman, James M. Drake, Edward L. Filer, Gary E. Green, and Fuad R. Sulayman have joined as members in the Chicago office. Clark Hill Chicago offers a full line of legal services with a concentration in the construction, real estate, manufacturing and financial services industries, and is located at 150 North Michigan Avenue.
"We are very excited to announce the addition of these talented individuals to our team, and equally pleased to be able to offer our clients the enhanced benefits of service across the Midwest," John Hern said. In addition to the seven attorneys presently practicing in the Chicago office, the firm plans to significantly increase the number of attorneys during the coming year. Edward L. Filer will serve as the managing member of the firm's Chicago office. Filer has more than 15 years of experience as a business counselor and trial lawyer for businesses of all types, including the construction and real estate industries. Filer maintains a national practice and in 2006 his peers recognized him as an Illinois Leading Lawyer® in Construction Law and Privately Held Companies. "We are looking forward to our role within such a highly regarded firm and carrying on in the Clark Hill tradition of dedication to client service and providing superior legal expertise," Filer said. "Each of the attorneys in our office offers substantial client experience in his or her respective area, and we look forward to providing enhanced resources to our current and future clients in the Chicago market." Tina M. Bird joins Clark Hill with more than 10 years of experience in construction and commercial litigation matters, in which she represents contractors, owners, developers, subcontractors and design/builders in contract drafting and negotiation, payment disputes, delay damage claims, defective work claims and other construction disputes. She also represents clients in insurance related disputes. W. Kent Carter focuses his practice on commercial litigation, with a concentration on the Uniform Commercial Code, including secured transactions, commercial sales, equipment leasing and negotiable instruments. He has more than 9 years of experience representing clients in complex contract disputes and business torts in state, federal, bankruptcy and appellate courts. Carter has defended numerous class actions in both state and federal courts, including actions for violation of the consumer fraud statutes, the Fair Debt Collection Practices Act, the Credit Repair Organization Act, and the Fair Credit Reporting Act. Richard H. Chapman has more than 23 years as a business counselor and trial lawyer representing businesses of all types, including financial institutions, professional service providers, manufacturers and distributors in litigation in state and federal trial and appeals courts and bankruptcy courts, as well as in arbitration, throughout the United States. Clients have consistently recognized both his strategic guidance and depth of business and legal experience resulting in favorable outcomes. His peers have recognized him as a 2006 Illinois Leading Lawyer® and an Illinois Super Lawyer.® James M. Drake has more than 23 years of experience as a corporate counselor to both privately and publicly held companies. Drake focuses his practice on business and corporate transactions and commercial finance and secured transactions. He represents start-up businesses and established entities in all types of corporate and business representation, including: mergers, acquisitions and divestitures; corporate, limited liability and partnership organization; structuring and dissolution; and drafting and negotiating all types of corporate agreements and documentation. Drake has been recognized by his peers in as an Illinois Leading Lawyer® in the area of Closely and Privately Held Business Law. Gary E. Green has more than 18 years of experience representing financial institutions, equipment lessors, in foreclosures, receiverships, lender liability, bankruptcy and restructuring in both state and federal courts throughout the United States. His experience also includes loan documentation, portfolio sales and purchases, and U.S. Small Business Administration loan programs. Fuad R. Sulayman concentrates his practice on healthcare law, complex commercial litigation, and medical malpractice. Sulayman has represented physicians and has significant trial experience in both state and federal courts throughout the United States. Clark Hill PLC is headquartered in Detroit, and has offices located throughout Michigan. The firm is a full service law firm, and is ranked among the Top 10 Largest Law Firms in the state of Michigan.(a) (a)According to Crain's Detroit Business (03.06.06) Firm Profile Since 1890, Clark Hill PLC has been serving the business, government, non-profit and personal needs of clients. Clark Hill has offices in Detroit, Birmingham, Grand Rapids, and Lansing, Michigan, and Chicago, Illinois. Clark Hill is a full service law firm with more than 170 attorneys. For more information, visit www.clarkhill.com.
|
|
|
|
|
Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
Law Firm Directory
|
|