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Ex-Nazi guard now in Pa. loses deportation appeal
Breaking Legal News | 2008/06/11 09:00
A retired steelworker who served as a Nazi guard should be deported even though the United States mistakenly granted him a visa in 1956, a federal appeals court ruled Tuesday.

Anton Geiser's work as a guard meets the type of persecutory conduct banned under a 1953 federal law, the ruling said.

Geiser, 83, did not reveal his Nazi ties on his visa application, but he is not accused of lying about them. Files from the period have been lost and it is not clear what questions he was asked.

His lawyer, Adrian N. Roe, told the appeals court this year that guards not deemed war criminals were sometimes allowed in by the State Department. He complained that the Justice Department, in its efforts to expel former Nazis, was revisiting decisions made a half-century ago.

But the 3rd U.S. Circuit Court of Appeals, which focused on the language of the Refugee Relief Act of 1953, said Geiser should have his U.S. citizenship revoked and be deported.



Law Firm Receives Food Bank Award
Legal Business | 2008/06/11 07:01

Wharton Aldhizer and Weaver, a Harrisonburg-based law firm, won the award for most food collected in the Blue Ridge region "Legal Food Frenzy," a food drive competition among the state's legal community.

Wharton Aldhizer and Weaver donated 25,338 pounds of food, 31 percent of all of the food donated to the food bank in this region.

Statewide, law firms gathered more than 1.36 million pounds of food for state food banks, enough for more than 1 million meals. This amount doubles last year's total of almost 679,000 pounds raised, and surpasses this year's goal of 1 million pounds.

More than 180 law firms participated in seven regions. The Blue Ridge region is served by the Blue Ridge Area Food Bank, which includes Rockingham, Page, Shenandoah and Augusta counties.



LA obscenity case nauseates some potential jurors
Legal Spotlight | 2008/06/11 06:00
What violates community obscenity standards in the nation's reputed pornography capital? Federal prosecutors think they have a case.

Ira Isaacs readily admits he produced and sold movies depicting bestiality and sexual activity involving feces and urine. The judge warned potential jurors that the hours of fetish videos included violence against women, and many of them said they don't want to serve because watching would make them sick to their stomachs.

"It's the most extreme material that's ever been put on trial. I don't know of anything more disgusting," said Roger Jon Diamond — Isaacs' own defense attorney.

The case is the most visible effort of a new federal task force designed to crack down on smut in America. Isaacs, however, says his work is an extreme but constitutionally protected form of art.

"There's no question the stuff is disgusting," said Diamond, who has spent much of his career representing pornographers. "The question is should we throw people in jail for it?"

Isaacs, 57, a Los Angeles advertising agency owner who says he used to market fine art in commercial projects, calls himself a "shock artist" and says he went into distributing and producing films about fetishes because "I wanted to do something extreme."

"I'm fighting for art," he said in an interview before his federal trial got under way. "Art is on trial."

He plans to testify as his own expert witness and said he will cite the historic battles over obscenity involving authors James Joyce and D.H. Lawrence.

One of his exhibits, he said, will be a picture of famed artist Marcel Duchamp's "Fountain," a porcelain urinal signed by the artist in 1917.

Diamond said Isaacs also will tell jurors the works have therapeutic value for people with the same fetishes depicted on screen.

"They don't feel so isolated," Diamond said. "They have fetishes that other people have."

Isaacs makes a brief appearance in one of the videos he produced; others that he distributed were imported from other countries.

The business has been lucrative. At one point, he has said, he was selling 1,000 videos a month at $30 apiece. Then his office was raided by FBI agents who bought his videos online with undercover credit cards.

The government obtained an indictment against Isaacs on a variety of obscenity charges, including importation or transportation of obscene material for sale. Prosecutors have declined to comment about the case.

Jean Rosenbluth, a former federal prosecutor and law professor at University of Southern California, said such prosecutions were rare until the creation of the U.S. Department of Justice Obscenity Prosecution Task Force. Child pornography cases are handled by a separate unit.

"The problem with obscenity is no one really knows what it is," she said. "It's relatively simple to paint something as an artistic effort even if it's offensive."

The test of obscenity still hinges on a 1973 U.S. Supreme Court ruling which held that a work is not legally obscene if it has "literary, artistic, political or scientific value."

Jurors also are asked to determine whether the material in question violates standards of what is acceptable to the community at large.

"This task force was quite controversial and many in the Department of Justice felt that it was a waste of resources," Rosenbluth said. "Because of the pressure, they seem to have chosen the worst cases they can find to prosecute."

Each of the four counts against Isaacs carries a five-year maximum prison sentence. Prosecutors also are seeking forfeiture of assets obtained through his video sales. Two of the original six counts were dropped.

"A lot of this is about sending a message — `Don't make this stuff. Don't put it on the Internet. We don't want it here,'" Rosenbluth said.

Rosenbluth said prosecutors would be emboldened to pursue similar cases if Isaacs is convicted, though there would be lengthy challenges on appeal.

In an unusual twist, the trial is being presided over by the chief judge of the 9th U.S. Circuit Court of Appeals, Alex Kozinski, under a program that allows appellate judges to occasionally handle criminal trials at the District Court level. Kozinski is known as a strong defender of free speech and First Amendment rights.

Eight men and six women were chosen for the jury Tuesday. Two will be designated alternates later. The panel was to hear opening statements Wednesday before viewing the movies.

When jury selection began Monday, he urged prospects to be open about their opinions and incurred an onslaught of negative statements. Within the first hour, he dismissed 26 men and women who said they could not be fair to the defendant because they were repulsed by the subject matter. By day's end, half the panel of 100 had been excused.

"I think watching something like that would make me physically ill, nauseous," said one woman. "It's affecting me physically now just thinking about it."

One man fired angry comments at the ponytailed Isaacs.

"Hearing stuff about feces made me sick and the defendant looks like my ex-business partner who did some of these things. He looks guilty as sin to me," said the man. "It turns my stomach thinking about it."

Several prospects marched up to the judge's bench for private conferences when he told them that the films also involved violence against women. They, too, were excused, as were several who cited their religious beliefs.

Asked how long they would have to watch the movies, Kozinski told them it would be about five hours and "I will be there watching with you. This is part of the job we're doing."



Court will again review $79.5M award in tobacco case
Breaking Legal News | 2008/06/10 08:41
The Supreme Court said Monday it will review a $79.5 million punitive damages judgment against Marlboro-maker Philip Morris for the third time.

The justices have twice struck down the award to the family of a longtime smoker of Marlboros, made by Altria Group Inc.'s Philip Morris USA.

Oregon courts have repeatedly upheld the judgment. The most recent ruling, in January, followed a high court decision last year that said jurors may punish a defendant only for harm done to someone who is suing, not other smokers who could make similar claims.

The justices will consider only whether the Oregon Supreme Court in essence ignored the U.S. high court's ruling, not whether the amount of the judgment is constitutionally permissible.



Justices rule against public employee who lost job
Breaking Legal News | 2008/06/10 04:42
Individual government workers generally cannot make a constitutional case out of their workplace discrimination claims, the Supreme Court said Monday in a ruling that leaves public employees with fewer legal options than those in the private sector.

The case before the court concerned arbitrary employment decisions that do not involve race, gender or other categories that are explicitly protected by federal law.

Individual public employees typically have a variety of protections from personnel actions, but invoking the equal protection clause of the Constitution is not one of them, Chief Justice John Roberts said in his majority opinion.

The court's 6-3 decision in the case from Oregon was one of four opinions handed down Monday as the justices race to complete their work before their customary summer break begins in late June. Twenty-two cases remain to be decided and more opinions are expected Thursday.

Major cases still undecided include the rights of detainees at Guantanamo Bay, the ban on handguns in Washington, D.C., and whether people convicted of raping children can be given the death penalty.



Prison overseer tells Calif. gov. he needs $7B
Criminal Law | 2008/06/10 04:41
The court-appointed receiver who oversees medical care in California's prisons asked Gov. Arnold Schwarzenegger on Monday to invoke his emergency powers to provide $7 billion to improve inmate care.

Court-appointed receiver J. Clark Kelso has been given broad authority by federal courts to fix the nation's largest state prison system's medical and mental health care, treatment so poor it has been ruled unconstitutional.

Kelso and the Legislature, however, have been unable to agree on where the funding to fix it should come from. The state Senate has blocked borrowing that Kelso says he needs to fix medical care for the state's more than 170,000 prisoners.

If the receiver doesn't get his way, a judge could order the money taken directly from the state treasury.

To avoid that, Kelso wants the governor's office to bypass the Legislature and sign a contract authorizing up to $7 billion for the medical care expansion. The money would go toward seven health care centers that would house 10,000 inmates in need of medical attention and mental health treatment.



New Albany law firm has San Francisco, NYC offices
Law Firm News | 2008/06/10 02:43

Ronald D'Alessandro has started a law firm, Keohane & D'Alessandro PLLC with offices in San Francisco, New York City and Albany, N.Y. "My partner is in San Francisco," said D'Alessandro. D'Alessandro, 35, met his law partner, Stephen Keohane about seven years ago when Keohane was counsel for IBM. "He was one of my best clients," D'Alessandro said. A senior associate, Darrell Pogue, is based in New York City.

D'Alessandro was one of the founders of the Albany intellectual property firm Hoffman, Warnick & D'Alessandro LLC. Michael Hoffman, Spencer Warnick and D'Alessandro started the firm about nine years ago when they met while working at another firm, Schmeiser Olsen & Watts LLP in Latham.

Last week, it was announced that the firm was rebranding, calling itself Hoffman Warnick LLC. D'Alessandro said he enjoyed starting up another firm.

"I didn't realize how much fun it was to be back at the grass roots," he said. "Each day can bring something different. You never know what the next day will bring. It can bring headaches but also a lot of interesting challenges."

It took a week for the furniture to arrive at his new office at 1881 Western Ave.



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