Courts are increasingly relying on military service records in deciding sentences for veterans accused of crimes.

Since 2008, 31 so-called veterans courts have been established to exclusively handle the criminal cases of veterans.

Veterans in those courts are typically sentenced to probation and counseling rather than prison and must stay clean and sober.

There's debate over whether such special treatment is fair. And even the supporters disagree over what crimes committed by veterans who suffer from post traumatic syndrome, severe brain injuries and other service-related maladies should qualify for leniency.

A federal appeals court says the civilian courts do not have authority to hear the cases of three detainees imprisoned at Bagram Air Force Base in Afghanistan.

The detainees had petitioned the courts seeking to be freed.

The jurisdiction of the U.S. courts does not extend to foreigners held in the Bagram facility in the Afghan theater of war, three appeals court judges said in a unanimous decision. The appeals judges said a U.S. district judge should have thrown out the detainees' petitions.

The ruling noted that the U.S. is holding the detainees through a cooperative arrangement with Afghanistan on Afghan territory.

"While we cannot say that extending our constitutional protections to the detainees would be in any way disruptive of that relationship, neither can we say with certainty what the reaction of the Afghan government would be," said the opinion written by Judge David Sentelle.

Supreme Court nominee Elena Kagan criticized a campaign finance ruling in a case she argued for the Obama administration and considers abortion rights to be settled law, according to a GOP senator who met with her Thursday.

Maine Sen. Olympia Snowe, asked whether Republicans could support Kagan, said the nominee "certainly has the qualifications, and certainly has, I think, the balance in her approach — at least so far — but I'd like to wait and see."

In their private meeting, Kagan stressed the importance of judicial restraint and deference to Congress by the high court, and discussed abortion rights, Snowe said. The senator was one of seven Republicans who joined Democrats last year in voting to confirm Kagan as solicitor general, the top government lawyer who argues the administration's cases before the Supreme Court.

Abortion rights supporters are concerned about a memo Kagan wrote as a White House aide in 1997 urging President Bill Clinton to back a ban on late-term abortions.

Senators also are awaiting another 160,000 pages of documents from Kagan's tenure on the Clinton White House staff that are being organized for release at the Clinton presidential library in Little Rock, Ark. Republicans have complained that they aren't likely to come in time for thorough scrutiny before confirmation hearings begin June 28.

Attorneys Say Clients Left in Limbo

Yet again, the U.S. Senate reached a dead-end this week on a possible solution to the expired estate tax. Unless action is taken soon, the federal tax -- temporarily phased completely for this year only -- will jump to a 55 percent rate with a $1 million per spouse exemption in January.

“Hope was in sight,” said Boston area attorney Hank Whittenberg, a tax and estate planning specialist, "but Congressional bickering blocked a reasonable solution. It seems that each party will continue using this as political fodder until after the mid-term elections -- and then it might be too late to take any action before the end of the year."

Members of the Senate appeared to be in general agreement of a proposal to eliminate a retroactive estate tax increase and reduce the tax to 35 percent while raising the exemption to $5 million. However, following a policy luncheon this week, key finance leaders disclosed any such agreement no longer existed.

Meanwhile, the current House proposal resurrects the 2009 estate taxes retroactively to January 1, 2010, allowing for a $3.5 million per person exemption and a flat rate of 45 percent. That proposal is exempt from the Pay-As-You-Go rules, while the lower Senate proposal would not be exempt from the Pay-Go rules.

"Either proposal is better than the limbo our clients are being left in," Whittenberg said. "Without clear indications of whether a retroactive tax will be instituted for 2010, how much of an exemption will be allowed, or what tax rates will be, those pursuing even the most basic planning face a number of uncertainties. We're still able to help families establish effective plans, but the situation could be so much better and more streamlined. Estate attorneys across the nation join me in calling on Congress to simply address this issue once and for all. Action is long overdue." 

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Serving clients throughout the Northeast region, attorneys at Whittenberg Knudsen, LLP focus primarily on estate planning, business law, and probate and trust administration and litigation. Attorney Whittenberg is recognized nationally for expertise in estate and tax planning. He is a partner of Whittenberg Knudsen, LLP, a founding member of WealthCounsel (a national attorney organization of approximately 1,500 estate and wealth strategies attorneys), and a former elected board member of the Member Advisory Board of the National Network of Estate Planning Attorneys.

State and federal judges on Friday are expected to order prison sentences for the woman who has pleaded guilty to kidnapping in the 2002 abduction of Elizabeth Smart.

Wanda Eileen Barzee is set for back-to-back sentencing hearings in U.S. District Court and Utah's 3rd District Court.

The 64-year-old Barzee pleaded guilty to a federal kidnapping charge in November.

In February, Barzee also pleaded guilty but mentally ill in state court to a second-degree felony conspiracy charge for the attempted kidnapping of one of Smart's cousins.

As part of her plea agreements, Barzee has agreed to testify in pending state and federal cases against her now-estranged husband, Brian David Mitchell.

Smart was 14 in 2002 when she was kidnapped at knifepoint from her bedroom.

Three noted Los Angeles Law Firm managing partners will attend the Managing Partners Luncheon held by the Greater Los Angeles Chapter of the Association of Legal Administrators on Tuesday, May 25 at 11:30 a.m. at the Montage Beverly Hills.

Managing Partner Attendees include:

Former Deputy Attorney General for the State of California, Jeffrey Kravitz

The Los Angeles Daily Journal named Kravitz a Top 10 Entertainment IP Lawyer in 2008. Kravitz is editor of the Sports Law and Fashion Law blogs for Fox Rothschild, a firm with 475 lawyers in 15 offices nationwide

Chief Assistant Attorney General, David Chaney

Chaney serves as the Chief Assistant Attorney General of the Civil Division of the Department of Justice

Stacy Phillips, of Phillips, Lerner, Lauzon & Jamra 

Founder of a boutique Century City firm, Phillips counsels high-profile celebrities in family law cases and is the author of Divorce: It’s All About Control – How to Win the Emotional, Psychological and Legal Wars.

The event will focus on how law firms adjust to changing economics, with a keynote by Blane R. Prescott, Senior Vice President of Hildebrandt Baker Robbins.

Cost to attend the luncheon is $50-$75, with attending managing partners will be eligible to win an Apple iPad.  Luncheon is located in the Conservatory Room of the Montage Beverly Hills at 225 North Canon Drive, Beverly Hills, CA. Luncheon is sponsored by: First Legal, Cash Management Solutions, Afinety, Innovative Computing Systems, Inc. and Nationwide Legal Inc.

ABOUT GLA ALA: The Greater Los Angeles Chapter of the Association of Legal Administrators (GLA ALA) is a 320-person nonprofit membership organization that provides educational opportunities, community service, and exchange of information to improve the quality and professionalism of management in legal services organizations. 

For more information about GLA ALA visit www.glaala.org and view the event flyer.

Media inquiries contact Jess Block, Media Relations, 909-706-8525.

Massachusetts' highest court ruled Wednesday that corporations can't face criminal charges in cases where none of their employees committed a crime, calling the theory "illogical."

The Supreme Judicial Court ruling came in a case where an Acton nursing home owner was charged with involuntary manslaughter after a patient in a wheelchair toppled down the stairs to her death in 2004.

State attorney general Martha Coakley's office charged Life Care Centers of America, Inc. with involuntary manslaughter, arguing the charge was justified due to a combination of various staff mistakes, none of which were criminal.

The SJC flatly rejected the argument, saying the AG can't combine actions that were at worst, negligent, and then charge the company with a crime.

"This theory is illogical and such an argument cannot succeed," the court wrote. "If at least one employee did not act wantonly or recklessly, then the corporation cannot be held to a higher standard of culpability by combining various employees' acts."

Coakley's office said it was disappointed by the decision, but it has not dropped the charge. Spokeswoman Emily LaGrassa said the AG was deciding whether to proceed based on possible criminal liability by a nursing supervisor.