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Nazi-naming parents shouldn't get kids
Court Watch | 2010/08/06 08:56

A New Jersey couple who gave their children Nazi-inspired names should not regain custody of them, a state appeals court ruled Thursday, citing the parents' own disabilities and the risk of serious injury to their children.

The state removed Heath and Deborah Campbell's three small children from their home in January 2009.

A month earlier, the family drew attention when a supermarket refused to decorate a birthday cake for their son, Adolf Hitler Campbell. He and siblings JoyceLynn Aryan Nation Campbell and Honszlynn Hinler Jeannie Campbell have been in foster care.

A family court had earlier determined that there was insufficient evidence that the parents had abused or neglected the children. That decision was stayed until the appeals court could review it. On Thursday, the three-judge appeals panel determined there was enough evidence and that the children should not be returned.



Mexican court upholds capital's gay marriage law
International | 2010/08/06 05:56

Mexico's Supreme Court ruled Thursday that a law allowing same-sex marriages in Mexico City is constitutional, rejecting an appeal by federal prosecutors who argued it violated the charter's guarantees to protect the family.

The justices' 8-2 ruling handed a legal victory to hundreds of same-sex couples who have been married in Mexico's capital since the landmark law took effect March 4. When approved last December, it was the first law in Latin America explicitly giving gay marriages the same status as heterosexual ones, including adoption.

The court, however, must still rule on the adoption clause and whether the ruling will affect states outside of the capital. It is expected to address adoption on Monday.

"We are very happy," said Mexico City lawyer Leticia Bonifaz, who argued Mexico City's case. "It fell to us to carry to a conclusion a struggle that has taken a long time."

Justices who voted on the majority side stressed that while Mexico's constitution enshrines protection for families, it does not define what a "family" is.

"It does not appear to me to be unconstitutional," Justice Jose Gudino said during Thursday's session. "The concept of the family established in the constitution ... is an open concept."

Jaime Lopez Vela, a leader of the group Lesbian, Gay, Transsexual and Transgender, was among a group of activists who celebrated the ruling outside the court.



Obama visits company as new job figures come out
Politics | 2010/08/06 04:00

President Barack Obama will visit a small business and talk about job-creation Friday shortly after the government releases unemployment figures for July.

The president will tour the facilities of Gelberg Signs in the District of Columbia and publicly applaud efforts the company is making to expand and hire more workers.

Later, he'll host a reception at the White House for Elena Kagan, newly confirmed to become the next Supreme Court justice.

Friday's report on the nation's employment situation is expected to show that private companies added only 90,000 jobs in July, not nearly enough for healthy economic growth.



NY writer pleads not guilty to labor charge
Human Rights | 2010/08/06 02:57

A New York writer has pleaded not guilty in an alleged scheme to lure young women from overseas into forced labor.

Joseph Yannai (YAH'-nay) of Pound Ridge entered the plea Thursday in federal court in Brooklyn. He'll remain in jail pending an Aug. 9 bail hearing.

The 66-year-old Yannai wrote a reference guide to the world's top chefs called "The International Who's Who of Chefs 2004-2005."

Federal prosecutors allege he used au pair websites to try convince his victims that he was in the publishing business and looking for an assistant. He also is facing similar state charges, including labor trafficking and sexual abuse of women from Hungary, France and Brazil.

If convicted in the federal case, he could be sentenced to life in prison and lose his home.



Ginsburg says no plans to leave Supreme Court
Legal Business | 2010/08/05 08:38

After a period of dramatic change at the Supreme Court and in her personal life, Justice Ruth Bader Ginsburg is looking forward to being one of three women on the high court for the foreseeable future.

Although some have speculated she might step down next year, the 77-year-old Ginsburg told The Associated Press on Tuesday she has no plans to retire anytime soon and still wants to match Justice Louis Brandeis, who stepped down at age 82.

Ginsburg talked with the AP as the Senate began debate on the all-but-assured confirmation of high court nominee Elena Kagan, chosen by President Barack Obama to replace John Paul Stevens. Last year, Justice Sonia Sotomayor joined the court after David Souter retired.

Ginsburg said the court's demanding work helped her cope with the death of her husband, Martin, in June. They had been married 56 years.

She had two opinions to write in June and constant trips between the court, her home and the hospital. "I had no time to dwell on the loss that I knew was going to be sooner rather than later," she said.



ABA Annual Meeting Begins in San Francisco
Events and Seminars | 2010/08/05 08:36
Addressing a legal services landscape transformed by the struggling economy, globalization of business and rapid advances in technology is top of mind for America’s legal community as the nation’s largest lawyers’ organization today opened the American Bar Association Annual Meeting in San Francisco.


Leading nearly 1,500 programs and events at the Moscone Convention Center and surrounding venues is “20/20 Vision: The Impact of Technology and Globalization on Ethics for the 21st Century Lawyer,” a program later today that will bring together a panel led by San Francisco lawyer Judith Miller to explore the implications of a rapidly changing legal profession.

“The way we do business today is almost completely different as a result of technology and the globalization of law practice—instantaneously communicating with people around the world on the Internet and searching for information with just a few words typed on a computer. We can’t ignore that our world has changed. We need to be leaders in dealing with the change,” said ABA President Carolyn B. Lamm, explaining the need for a fresh examination of lawyer regulations.

Guidance for the legal profession as it deals with the new realities of law practice is one of Lamm’s areas of focus, and the program will draw from work of the ABA Commission on Ethics 20/20, a group Lamm established last year to address the impact of technology and globalization. 

In addition to the “20/20 Vision” program, the ABA has more than a dozen other sessions examining the intersection of technology and law practice, ranging from those on managing e-discovery costs, creating social media policies and other practice-related concerns, to programs that take a more macro view of the legal profession, such as a session on Friday, “Justice 12.0—Is There an App for That?” that will make predictions on legal services 30 years from now.

The impact of the down economy on law practice and the justice system also guides programming at the 2010 meeting. “Law Firm Legal Aid,” a program today from the ABA Center for Pro Bono, explores the probable loss of volunteer lawyers that law firms made available for legal aid programs over the past year while business slowed. A panel will examine the ramifications on the justice system when law firms return to their business as usual.

The possible reduction in pro bono assistance from law firms comes as more Americans than ever struggle with legal issues such as foreclosure, even as the economy shows signs of improving.

Victor M. Fortuno, president of the Legal Services Corporation and Rebekah Diller, deputy director of the Brennan Center for Justice at New York University School of Law, are among panelists who will lead a discussion today on developing response strategies to problems related to access to justice during “Crisis in Representation!”

Panelists will specifically look at a report from the ABA Coalition for Justice last month that found that the bad economy and a large number of judicial vacancies are widening the justice gap, affecting middle-class Americans as well as those with low-incomes.

Also weighing in on the crisis in legal services is Laurence Tribe, head of the U.S. Department of Justice’s recently created Access to Justice Initiative, who will discuss improving the availability and quality of  indigent defense in a conversation on Saturday with Norman Lefstein, professor and dean emeritus of Indiana University School of Law, and Virginia Sloan, president of The Constitution Project.

Among other programming related to enhancing access to justice, “Enforcing a Right to Counsel for Children: The Time is Now” includes a criminal justice panel led by Miami lawyer Hilarie Bass that will explore ways to remove barriers that prevent lawyers from representing children in dependency court.

“This program is an example of the ABA identifying issues that are falling through the cracks.  All too often we read in the papers about disasters for foster children after they happen.  The ABA is taking the initiative to look at what can be done to prevent these crises from occurring,” explained Lamm of the Thursday session. “This program is focused on improving the system for foster children by looking at best practices for lawyers representing our most vulnerable citizens.”

Other programs addressing indigent defense include the Friday session “Stepping Up for Justice for Veterans as They Stand Down,” an examination of emerging best practices on serving veterans, such as Veteran Treatment Courts that aim to reduce recidivism.

The ABA Annual Meeting continues through Aug. 10.



Fed court bars candidate's lawsuit over expletive
Court Watch | 2010/08/05 06:38

A federal court has tossed a lawsuit filed by a candidate for the Wisconsin state Assembly who wants to use a racially charged phrase to describe herself on the ballot.

U.S. District Judge Rudolph Randa says in the Wednesday order that Ieshuh (eye-EE'-shu) Griffin's lawsuit must be dismissed because it is a habeas corpus action, which requires the person bringing it to be in custody.

Randa did not discuss the merits of the lawsuit. Griffin is fighting a decision by the state board that regulates elections barring her from using the phrase "NOT the 'whiteman's b----'" to describe herself on the ballot.

Griffin tells The Associated Press she intends to refile the lawsuit as a civil rights action as well as appeal the judge's order on her original lawsuit.



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