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Grieving families confront Pittsburgh shooter at death penalty sentencing
Criminal Law |
2023/08/03 17:03
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Grieving families confronted the Pittsburgh synagogue shooter at his sentencing hearing Thursday, one day after a jury determined that capital punishment was appropriate for the perpetrator of the deadliest attack on Jews in U.S. history.
The hearing at the federal courthouse in Pittsburgh got underway, with some 22 witnesses — survivors of the 2018 massacre and relatives of the 11 people who were fatally shot — expected to deliver victim impact statements.
U.S. District Judge Robert Colville was expected to formally sentence Robert Bowers to death later Thursday.
“Mr. Bowers, you met my beloved husband in the kitchen. Your callous disregard for the person he was repulses me,” testified Peg Durachko, wife of 65-year-old Dr. Richard Gottfried, a dentist who was shot and killed. “Your hateful act took my soulmate from me.”
Mark Simon, whose parents, Bernice and Sylvan Simon, were killed in the attack, testified he still has their bloodied prayer shawl. He said he remains haunted by the 911 call placed by his mother, whom Bowers shot while she was on the line.
“My parents died alone, without any living soul to comfort them or to hold their hand in their last moments,” said Simon, condemning “that defendant” as evil and cowardly and urging the judge to show him no mercy.
“You will never be forgiven. Never,” Simon told Bowers.
Bowers, a 50-year-old truck driver from suburban Baldwin, ranted about Jews online before carrying out the attack at Tree of Life synagogue on Oct. 27, 2018. He told police at the scene that “all these Jews must die” and has since expressed pride in the killings.
Jurors were unanimous in finding that Bowers’ attack was motivated by his hatred of Jews, and that he chose Tree of Life for its location in one of the largest and most historic Jewish communities in the nation so he could “maximize the devastation, amplify the harm of his crimes, and instill fear within the local, national, and international Jewish communities.” They also found that Bowers lacked remorse.
The jury rejected defense claims that Bowers has schizophrenia and that his delusions about Jewish people spurred the attack.
Bowers, who was armed with an AR-15 rifle and other weapons, also shot and wounded seven, including five responding police officers.
He was convicted in June of 63 federal counts, including hate crimes resulting in death and obstruction of the free exercise of religion resulting in death. |
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Musk threatens to sue researchers who documented the rise in hateful tweets
Corporate Governance |
2023/07/31 15:27
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X, the social media platform formerly known as Twitter, has threatened to sue a group of independent researchers whose research documented an increase in hate speech on the site since it was purchased last year by Elon Musk.
An attorney representing the social media site wrote to the Center for Countering Digital Hate on July 20 threatening legal action over the nonprofit’s research into hate speech and content moderation. The letter alleged that CCDH’s research publications seem intended “to harm Twitter’s business by driving advertisers away from the platform with incendiary claims.”
Musk is a self-professed free speech absolutist who has welcomed back white supremacists and election deniers to the platform, which he renamed X earlier this month. But the billionaire has at times proven sensitive about critical speech directed at him or his companies.
The center is a nonprofit with offices in the U.S. and United Kingdom. It regularly publishes reports on hate speech, extremism or harmful behavior on social media platforms like X, TikTok or Facebook.
The organization has published several reports critical of Musk’s leadership, detailing an increase in anti-LGBTQ hate speech as well as climate misinformation since his purchase. The letter from X’s attorney cited one specific report from June that found the platform failed to remove neo-Nazi and anti-LGBTQ content from verified users that violated the platform’s rules.
In the letter, attorney Alex Spiro questioned the expertise of the researchers and accused the center of trying to harm X’s reputation. The letter also suggested, without evidence, that the center received funds from some of X’s competitors, even though the center has also published critical reports about TikTok, Facebook and other large platforms.
“CCDH intends to harm Twitter’s business by driving advertisers away from the platform with incendiary claims,” Spiro wrote, using the platform’s former name.
Imran Ahmed, the center’s founder and CEO, told the AP on Monday that his group has never received a similar response from any tech company, despite a history of studying the relationship between social media, hate speech and extremism. He said that typically, the targets of the center’s criticism have responded by defending their work or promising to address any problems that have been identified. |
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Texas is using disaster declarations to install buoys and razor wire
Criminal Law |
2023/07/25 10:47
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Wrecking ball-sized buoys on the Rio Grande. Razor wire strung across private property without permission. Bulldozers changing the very terrain of America’s southern border.
For more than two years, Texas Republican Gov. Greg Abbott has escalated measures to keep migrants from entering the U.S., pushing legal boundaries with a go-it-alone bravado along the state’s 1,200-mile (1,930-kilometer) border with Mexico. Now blowback over the tactics is widening, including from within Texas.
A state trooper’s account of officers denying migrants water in 100-degree Fahrenheit (37.7 Celsius) temperatures and razor wire leaving asylum-seekers bloodied has prompted renewed criticism. The Mexican government, some Texas residents along the border and the Biden administration are pushing back. On Monday, the U.S. Justice Department sued Abbott over the buoy barrier that it says raises humanitarian and environmental concerns, asking a federal court to require Texas to dismantle it.
bbott, who cruised to a third term in November while promising tougher border crackdowns, has used disaster declarations as the legal bedrock for some measures.
Critics call that a warped view. “There are so many ways that what Texas is doing right now is just flagrantly illegal,” said David Donatti, an attorney for the Texas American Civil Liberties Union.
Abbott did not respond to requests for comment. He has repeatedly attacked President Joe Biden’s border policies, tweeting Friday that they “encourage migrants to risk their lives crossing illegally through the Rio Grande, instead of safely and legally over a bridge.”
The Biden administration has said illegal border crossings have declined significantly since new immigration rules took effect in May. |
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Judge upholds the $5 million jury verdict against Trump
Breaking Legal News |
2023/07/21 08:07
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A federal judge on Wednesday upheld a $5 million jury verdict against Donald Trump, rejecting the former president’s claims that the award was excessive and that the jury vindicated him by failing to conclude he raped a columnist in a luxury department store dressing room in the 1990s.
Judge Lewis A. Kaplan said the jury’s May award of compensatory and punitive damages to writer E. Jean Carroll for sexual abuse and defamation in the civil case was reasonable.
Trump’s lawyers had asked Kaplan to reduce the jury award to less than $1 million or order a new trial on damages. In their arguments, the lawyers said the jury’s $2 million in compensatory damages granted for Carroll’s sexual assault claim was excessive because the jury concluded that Trump had not raped Carroll at Bergdorf Goodman’s Manhattan store in the spring of 1996.
Kaplan wrote that the jury’s unanimous verdict was almost entirely in favor of Carroll, except that the jury concluded she had failed to prove that Trump raped her “within the narrow, technical meaning of a particular section of the New York Penal Law.”
The judge said the section requires vaginal penetration by a penis while forcible penetration without consent of the vagina or other bodily orifices by fingers or anything else is labeled “sexual abuse” rather than “rape.”
He said the definition of rape was “far narrower” than how rape is defined in common modern parlance, in some dictionaries, in some federal and state criminal statutes and elsewhere.
The judge said the verdict did not mean that Carroll “failed to prove that Mr. Trump ‘raped’ her as many people commonly understand the word ‘rape.’ Indeed ... the jury found that Mr. Trump in fact did exactly that.”
Trump’s lawyers were correct in arguing that the $2 million award for sexual abuse would have been excessive if the jury based the compensatory award on a conclusion that Trump had groped Carroll’s breasts through her clothing or similar conduct, the judge said. But, he said, that’s not what the jury found. |
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Diversify or die: San Francisco’s downtown is a wake-up call for other cities
Breaking Legal News |
2023/07/17 11:48
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Jack Mogannam, manager of Sam’s Cable Car Lounge in downtown San Francisco, relishes the days when his bar stayed open past midnight every night, welcoming crowds that jostled on the streets, bar hopped, window browsed or just took in the night air.
He’s had to drastically curtail those hours because of diminished foot traffic, and business is down 30%. A sign outside the lounge pleads: “We need your support!”
“I’d stand outside my bar at 10 p.m. and look, it would be like a party on the street,” Mogannam said. “Now you see, like, six people on the street up and down the block. It’s a ghost town.”
After a three-year exile, the pandemic now fading from view, the expected crowds and electric ambience of downtown have not returned.
Empty storefronts dot the streets. Large “going out of business” signs hang in windows. Uniqlo, Nordstrom Rack and Anthropologie are gone. Last month, the owner of Westfield San Francisco Centre, a fixture for more than 20 years, said it was handing the mall back to its lender, citing declining sales and foot traffic. The owner of two towering hotels, including a Hilton, did the same.
Shampoo, toothpaste and other toiletries are locked up at downtown pharmacies. And armed robbers recently hit a Gucci store in broad daylight.
San Francisco has become the prime example of what downtowns shouldn’t look like: vacant, crime-ridden and in various stages of decay. But in truth, it’s just one of many cities across the U.S. whose downtowns are reckoning with a post-pandemic wake-up call: diversify or die.
As the pandemic bore down in early 2020, it drove people out of city centers and boosted shopping and dining in residential neighborhoods and nearby suburbs as workers stayed closer to home. Those habits seem poised to stay.
No longer the purview of office workers, downtowns must become around-the-clock destinations for people to congregate, said Richard Florida, a specialist in city planning at the University of Toronto. |
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First over-the-counter birth control pill gets FDA approval
Biotech |
2023/07/13 10:10
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U.S. officials have approved the first over-the-counter birth control pill, which will let American women and girls buy contraceptive medication from the same aisle as aspirin and eyedrops.
The Food and Drug Administration said Thursday it cleared Perrigo’s once-a-day Opill to be sold without a prescription, making it the first such medication to be moved out from behind the pharmacy counter. The company won’t start shipping the pill until early next year, and there will be no age restrictions on sales.
Hormone-based pills have long been the most common form of birth control in the U.S., used by tens of millions of women since the 1960s. Until now, all of them required a prescription.
Medical societies and women’s health groups have pushed for wider access, noting that an estimated 45% of the 6 million annual pregnancies in the U.S. are unintended. Teens and girls, women of color and those with low incomes report greater hurdles in getting prescriptions and picking them up.
Some of the challenges can include paying for a doctor’s visit, getting time off from work and finding child care.
“This is really a transformation in access to contraceptive care,” said Kelly Blanchard, president of Ibis Reproductive Health, a non-profit group that supported the approval. “Hopefully this will help people overcome those barriers that exist now.”
Ireland-based Perrigo did not announce a price. Over-the-counter medicines are generally much cheaper than prescriptions, but they typically aren’t covered by insurance.
Forcing insurers to cover over-the-counter birth control would require a regulatory change by the federal government, which women’s advocates are urging the Biden administration to implement.
Many common medications have made the switch to non-prescription status in recent decades, including drugs for pain, heartburn and allergies. Birth control pills are available without a prescription across much of South America, Asia and Africa. |
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Judge dismisses lawsuit seeking reparations for the 1921 Tulsa Race Massacre
Breaking Legal News |
2023/07/10 14:09
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An Oklahoma judge has thrown out a lawsuit seeking reparations for the 1921 Tulsa Race Massacre, dashing an effort to obtain some measure of legal justice by survivors of the deadly racist rampage.
Judge Caroline Wall on Friday dismissed with prejudice the lawsuit trying to force the city and others to make recompense for the destruction of the once-thriving Black district known as Greenwood.
The order comes in a case by three survivors of the attack, who are all now over 100 years old and sued in 2020 with the hope of seeing what their attorney called “justice in their lifetime.”
Tulsa Mayor G.T. Bynum said in a statement that the city has yet to receive the full court order. “The city remains committed to finding the graves of 1921 Tulsa Race Massacre victims, fostering economic investment in the Greenwood District, educating future generations about the worst event in our community’s history, and building a city where every person has an equal opportunity for a great life,” he said.
A lawyer for the survivors — Lessie Benningfield Randle, Viola Fletcher and Hughes Van Ellis — did not say Sunday whether they plan to appeal. But a group supporting the lawsuit suggested they are likely to challenge Wall’s decision.
“Judge Wall effectively condemned the three living Tulsa Race Massacre Survivors to languish — genuinely to death — on Oklahoma’s appellate docket,” the group, Justice for Greenwood, said in a statement. “There is no semblance of justice or access to justice here.”
Wall, a Tulsa County District Court judge, wrote in a brief order that she was tossing the case based on arguments from the city, regional chamber of commerce and other state and local government agencies. She had ruled against the defendants’ motions to dismiss and allowed the case to proceed last year.
Local judicial elections in Oklahoma are technically nonpartisan, but Wall has described herself as a “Constitutional Conservative” in past campaign questionnaires.
The lawsuit was brought under Oklahoma’s public nuisance law, saying the actions of the white mob that killed hundreds of Black residents and destroyed what had been the nation’s most prosperous Black business district continue to affect the city today. |
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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. |
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