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Critics: Court decision allows `corporate looting'
Corporate Governance | 2010/01/28 04:47

In a landmark decision over corporate governance, a Wisconsin appeals court on Thursday threw out a $6.5 million jury verdict against business owners accused of looting their company.

Banks and labor unions blasted the decision, saying it would allow corporate insiders to enrich themselves at the expense of their creditors and employees.

Even the District 4 Court of Appeals agreed its ruling could allow owners of dying companies to use assets for their personal benefit without having any obligation to pay off their debts first.

The three-judge panel acknowledged that the decision could make Wisconsin banks tighten their oversight of corporate loans, driving up the cost of doing business. But the judges said that under a problematic 2004 Wisconsin Supreme Court ruling, they had no choice but to overturn the jury's verdict and dismiss the case.

The panel called on the Supreme Court to fix the earlier decision, but that appears doubtful. The high court deadlocked 3-3 on the matter last year, which sent the case back to the Madison-based appeals court.



Oklahoma high court allows some use of line-item veto
Breaking Legal News | 2010/01/27 08:05

The state Supreme Court ruled in a 5-4 vote Tuesday that the governor has line-item veto power on sections of legislation that place "conditions or restrictions on previously appropriated funds.”

The decision handed down Tuesday ends a legal challenge from Senate President Pro Tempore Glenn Coffee, R-Oklahoma City, and House Speaker Chris Benge, R-Tulsa.

"This was never a hostile lawsuit, nor was it an attack on the governor’s constitutional right to line-item veto,” said Benge, R-Tulsa. "We were merely seeking clarification on the proper use of the line-item veto, which we have now received from the courts.

"While we disagree with the ruling, and agree with the dissenting opinion, we respect the court’s decision,” he said.

Legislative leaders filed two lawsuits asking the Supreme Court to decide whether Gov. Brad Henry has the authority after he used the line-item veto to change certain sections of legislation that affected agency budgets. Attorneys for Coffee and Benge argued that the governor only had the power to veto portions of appropriation bills.



UBS chairman unhappy with court ruling on tax
International | 2010/01/27 08:03

Villiger was reacting to a ruling by the Federal Administrative Court last week that the transfer of customer data broke the law. His comments were published by the German-language Tages-Anzeiger newspaper on Wednesday.

The court decision has cast doubt on the agreement reached between the authorities in the US and Switzerland last year under which the Swiss agreed to hand over data on an estimated 4,450 bank customers.

Villiger said in the newspaper interview that the ruling had placed the bank and the country in a “extremely difficult situation”.

There have been calls within Switzerland for UBS to take responsibility for its past actions, which encouraged US tax payers to transfer funds to Switzerland in order to avoid paying taxes, something Villiger rejected.

“There can be no solution without an agreement between states,” he said. He further pointed out that those at the bank who had been responsible for the crisis had now left.

He added that it was difficult to draw up a sustainable strategy for the bank when there was so much uncertainty about many aspects of its work, including the future of bank secrecy.




Court Kills Death Penalty for Retarded Man
Court Watch | 2010/01/27 07:06

The Missouri Supreme Court overturned a death penalty sentence for man who is mentally retarded. Andrew Lyons, 52, was convicted of first-degree murder in 1996 and sentenced to death for the 1992 killing of his estranged girlfriend.

Lyons filed a petition in mandamus, claiming to be mentally retarded and therefore ineligible to be executed.

A court-appointed master supported Lyons' claims. The master concluded that Lyons' IQ was in a range of 61 to 70, that Lyons had continual extensive related deficits in two adaptive behaviors, and that the symptoms were present and documented before Lyons had turned 18.

"Although there is evidence, as noted earlier, that Lyons manifested these conditions before age 18, the state contends there was insufficient documentation of these conditions," the court wrote in a unanimous opinion.

"The state vigorously notes the lack of an IQ test result from prior to age 18 and the scant school records and other evidence with respect to the adaptive behaviors.



Will California gay-marriage trial go to Supreme Court?
Law Center | 2010/01/27 06:05

On the 17th floor of the Phillip Burton Federal Building in a city known for being at the edge of social change, a federal trial is under way that could lead to a landmark ruling on same-sex marriage in America.

Perry v. Schwarzenegger, which began Jan. 11 in the US District Court for Northern California, challenges the constitutionality of California's voter-approved ban on gay marriage. Over the past 10 days, lawyers have made a broad-based case against Proposition 8, ranging from arguments that it reflects prejudice against gays and lesbians to discussions about the nature of modern marriage, and the notion that homosexuality requires special protections like gender and race.

Many gay-marriage advocates say the case is ultimately destined for the US Supreme Court and represents the best path to legalizing same-sex marriage. They hope this lawsuit will be their Loving v. Virginia – the 1967 case that ended race-based restrictions on marriage.

But not all activists are on board. Some worry the stakes are too high: a federal challenge at a time when most states and voters reject gay marriage could be premature. Even if the Supreme Court eventually takes the case – bound to be appealed by the losing side in San Francisco in the Ninth Circuit Court of Appeals and then to the Supreme Court– the court has historically been reluctant to move too far ahead of the people. A defeat in the Supreme Court would deal a huge setback to a movement that has seen significant gains over the past decade.

"The national marriage project was assiduously avoiding a federal court challenge. They were working slowly toward [it]," says Marc Spindelman, a law professor at Ohio State University and an expert on gay and lesbian rights. But, he adds, "if there's a circuit court that's likely to recognize same-sex marriage" it's the Ninth Circuit, under which the district court falls and which is often branded the most liberal.



SEC and Galleon defendants tussle over wiretaps
Securities | 2010/01/26 04:51
The U.S. Securities and Exchange Commission is demanding that Galleon hedge fund founder Raj Rajaratnam and others accused of insider trading hand over recordings of wiretap evidence, but the defendants have refused to give them up.

In a flurry of letters made public on Monday in the high-profile Manhattan federal court case involving employees of some of America's best-known companies, Rajaratnam and his co-accused argue that the recorded conversations belong only in a parallel criminal investigation.

U.S. District Court Judge Jed Rakoff also heard oral arguments on the wiretap issue on Monday, but he reserved publishing any ruling until next week.

Separately, Rakoff ruled from the bench that the SEC may file an amended complaint to add new civil charges against Rajaratnam. The request stemmed from a guilty plea on criminal charges by former McKinsey & Co management consultants director Anil Kumar on January 7 in which he said Rajaratnam paid him $1.75 million (1.08 million pounds) in exchange for tips on McKinsey clients.


Corporations have rights, but what of the unborn?
Corporate Governance | 2010/01/26 04:50
Among the interesting arguments in last week's 5-4 Supreme Court decision granting corporations First Amendment protections when making campaign contributions was the majority's decision to effectively treat corporations as persons.

Liberal Washington Post columnist Ruth Marcus, who disagrees with the ruling, wrote, "... the majority acted as if there could be no constitutional distinction between a corporation and a human being."

The ruling came the week of the annual March for Life, which draws thousands to Washington to mark that same court's 1973 Roe v. Wade ruling. The march has become not so much a protest as an affirmation of the value of all human life.

What makes the ruling and the march ironic is that the 1973 court, in essence, downgraded a human fetus to the level of nonperson, while the modern court has invested "personhood" in corporations. Does anyone else see a contradiction or at least a moral inconsistency in these two rulings?

There is evidence that all the marches and the pro-life pregnancy centers are working. There have been roughly 50 million abortions in the United States since 1973. Opinion polls reveal a public increasingly concerned about the unrestricted disposal of human life and the potential contributions those lives could make to America and to humanity.


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