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Ban on E-Verify program leads to lawsuit for state
Breaking Legal News |
2007/09/25 10:09
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The U.S. Department of Homeland Security is suing Illinois government in an attempt to block the state's ban on a program that verifies whether a job applicant is eligible to work in the country. In a complaint filed Monday in the U.S. District Court in Springfield, the Department of Homeland Security alleges federal law pre-empts an Aug. 13 amendment to the state's Right to Privacy in the Workplace Act that forbids employers from using the department's E-Verify program, also known as Basic Pilot. "With the Illinois Act, the state ... is attempting to indirectly regulate the U.S. government by imposing state standards on a federal program that must be satisfied before Illinois employers are permitted to enroll," the 12-page complaint states. "Congress also made it clear its objective and purpose to encourage broad participation in the Basic Pilot Program by instructing DHS to expand the program to all 50 states." The suit asks for the state law to be declared invalid and seeks an injunction on the ban. Employers using the program submit job applicants' identification information into Social Security Administration and Homeland Security databases on the Internet to confirm their work eligibility. In most cases, the check takes a few seconds, according to Homeland Security. If the program cannot confirm the work eligibility of an applicant, it issues a "tentative nonconfirmation" notice that can take days or weeks to resolve. Supporters say the program helps employers keep illegal immigrants off employee rolls, but critics note it has an accuracy rate of between 80 percent and 95 percent, which they say marks it as too unreliable and results in some applicants being wrongly dismissed. The Illinois ban was to remain in effect until the program results were 99 percent accurate. The ban also exempts employers who undergo training in the program and receive "anti-discrimination notices" from the U.S. Department of Justice and Illinois Department of Human Rights. About 750 Illinois businesses used E-Verify before the ban took effect, according to the complaint. The Illinois Coalition of Immigrant and Refugee Rights, a Chicago-based advocacy group, said they thought Homeland Security was wrong in considering the voluntary E-Verify program a federal mandate. "The verification program is voluntary for nearly all private employers; they are not required to participate in these verification programs to begin with," the statement reads. "The law does not interfere with any federal obligation because for most employers no such obligation exists." But the department's actions may already have had an effect, as some state lawmakers started backing away from the amendment after learning of the lawsuit. "We should take a second look at that bill," said Rep. Ruth Munson, R-Elgin, who was one of 76 state House members who voted to pass the amendment in April. "If DHS thinks it's an important tool, the state ought to step back and look at what it does. Maybe the law needs to be repealed or changed." |
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Bush to toughen sanctions on Myanmar
Politics |
2007/09/25 10:09
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President Bush announced today that he planned to tighten sanctions against the military government in Myanmar and slap a visa ban on "those responsible for egregious human rights violations." In a speech at the United Nations, Bush focused on human rights, outlining new U.S. efforts to force the military rulers to accede to the demands of the democracy movement in the Southeast Asian nation once known as Burma. Calling on the U.N. to honor its human rights charter, Bush turned a spotlight on efforts to overcome dictatorships in Cuba, Zimbabwe and Sudan. He urged the organization to help control the spread of deadly diseases such as malaria, invest in education, particularly for women and girls, and to include poor countries in the global economy "with partnership, not paternalism." He urged the U.N. to reform its Human Rights Council, which in the past has been chaired by Libya and other dictatorships, and said that the United States was open to an overhaul of the U.N. Security Council. The council is made up of the United States, Russia, China, Britain and France. Bush said he thought Japan was "well qualified" for membership. The president began a three-day visit to New York on Monday for the 62rd meeting of the General Assembly. He met privately at the Waldorf-Astoria Hotel with Mahmoud Abbas, president of the Palestinian Authority, and Tony Blair, the former British prime minister who now represents the quartet -- the United States, Russia, the United Nations and the European Union -- seeking to bring about a broad peace agreement between the Palestinians and Israel. The General Assembly speech today veered away from the themes of terrorism and war that were the foundation of Bush's first speeches at the U.N. Instead, he turned to elements of foreign policy that carry less of an edge while still encouraging the spread of democracy and the fight against tyranny. The shift in tone comes at a time when Bush is struggling in a political world grown increasingly unfriendly, both at home and abroad. It was at the U.N. last year that Venezuelan President Hugo Chavez -- never a friend of Bush -- likened the American president to a visitor from the underworld, saying, "The devil came here yesterday, and it smells of sulfur still today." But even international allies are growing skittish. Britain, under new Prime Minister Gordon Brown, hopes to scale down its commitment of troops in Iraq. And at home, notwithstanding the Democrats' inability to force Bush's hand in Iraq, there are few signs that public opposition to the war is weakening. The president's history of laying out a hard line and challenging the United Nations to join him frequently has left him searching for friends in an organization that has been described with scorn by the White House. By contrast, the call for cooperation on a humanitarian agenda "certainly is a stronger message for a U.S. president than challenging the relevance of the United Nations," said P.J. Crowley, a senior fellow and the director for homeland security at the liberal Center for American Progress in Washington.
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Letter bomb woman 'shunned' - court
Court Watch |
2007/09/25 08:15
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A woman who opened a letter bomb told a court that she has been shunned by colleagues who blame her for the injuries they received in the explosion. Karen Andrews was working in the post room of the DVLA headquarters in Swansea when she opened a padded envelope on February 7. Miles Cooper, 27, from Cherry Hinton, Cambridge, is charged with sending seven letter bombs made from party poppers and nails or broken glass, over a period of two weeks earlier this year. On Monday, the court was told by prosecutor John Price that the series of attacks had caused "widespread public alarm" as police and public alike tried to work out where the next bomb would arrive. On Tuesday, Mrs Andrews told Oxford Crown Court that, as she opened the envelope, she joked: "Do we think this is suspicious?" She told the court: "I was just joking. It was because it was a Jiffy bag and because of what had been on the news." She described how she broke the seal on an envelope contained within the original package and saw a bright flash and heard a very loud bang. Mrs Andrews has suffered from post-traumatic stress disorder since the incident, the court heard, a condition which worsened following the recent car bomb attacks outside West End nightclubs in London. She suffers from permanent tinnitus and has a large scar on her upper chest where she had to receive stitches. She told the court that she has only returned to work intermittently and said: "I've been forced out of my department because some colleagues refuse to work with me. One manager even wanted me to apologise to people for what I did that day." The court heard how the bomb had been addressed to the IT manager of an old DVLA office which no longer exists. Most of the company's large volume of mail that it receives each day is opened automatically, but items sent to an old postcode, the court heard, are opened by hand in a separate room and the backlog this creates could mean that the bomb was received as early as Monday that week. Cooper denies eight counts of causing bodily injury by means of an explosive substance, two counts of using an explosive substance with intent to disable and making and possessing an explosive substance. |
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Supreme Court to rule on lethal injection executions
Law Center |
2007/09/25 08:11
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The U.S. Supreme Court said on Tuesday it would decide whether the commonly used lethal injection method of execution violated the constitutional ban on cruel and unusual punishment. The nation's highest court said it would decide in its upcoming term an appeal by two death row inmates from Kentucky arguing that the three-chemical cocktail used in lethal injections inflicted unnecessary pain and suffering.Their lawyers said the Supreme Court has not addressed the constitutionality of a method of execution or the legal standard used to determine whether the method violated the ban on cruel and unusual punishment in more than 100 years. All but one of the states with the death penalty and the federal government use lethal injection for executions. The only exception is Nebraska, which requires electrocution. The standard method involves administering three separate chemicals: sodium pentothal, an anesthetic, which makes the inmate unconscious; pancuronium bromide, which paralyzes all muscles except the heart, and then potassium chloride, which stops the heart, causing death. Attorneys for the two Kentucky men said at least half of the death row inmates facing imminent execution in the last two years have filed suit challenging the chemicals used in lethal injections. While various lower court federal judges have ruled on the issue, the Supreme Court has yet to decide it. |
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Microsoft may take stake in Facebook
Venture Business News |
2007/09/25 07:10
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Microsoft Corp. is in talks about a possible investment in Facebook Inc. that could value the social networking site at $10 billion or more, according to reports. The Wall Street Journal reported that Redmond, Wash.-based Microsoft has joined Mountain View, Calif.-based Google Inc. in expressing interest in Facebook. Microsoft could take up to a 5 percent stake in the Palo Alto-based company, the Journal reported, which could mean about $300 million to $500 million. The Journal also reported that Microsoft and Facebook could expand an agreement -- set to expire in 2011 -- in which Microsoft serves display ads to Facebook. Facebook has raised about $40.7 million so far, and earlier this month announced a new $10 million fund to promote development of new applications for its online social network site.
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Eckert Seamans Law Firm Wins Award
Legal Business |
2007/09/25 04:15
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The law firm of Eckert Seamans Cherin and Mellott LLC has won the Allegheny County Bar Association's 2006 Law Firm Pro Bono Award. The award will be formally announced next month. It recognizes firms that provide free, or pro bono, legal services to the community. Eckert Seamans is being honored for administering the county's Custody Conciliation Project, which provides free attorneys to disadvantaged people involved in custody disputes and works to help them reach custody agreements without litigation. |
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Dissolving Phila. law firm's lawyers find new home
Legal Business |
2007/09/24 07:42
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Seven lawyers from the dissolving Philadelphia law firm McKissock & Hoffman will become the Philadelphia office of Pittsburgh-based Burns White & Hickton, the firm said Monday. Partner William J. Mundy will lead a group that includes six associates and four support staff that handles defense litigation for long-term health-care providers. They will join effective Oct. 1, when 40-lawyer defense litigation boutique McKissock & Hoffman officially dissolves. Most McKissock lawyers are expected to follow name partner Peter Hoffman to Eckert Seamans Cherin & Mellott while two other partners, Reed Haywood and John McGrath, will be joining Dickie McCamey & Chilcote. Like Burns White, both of those firms are based in Pittsburgh. Name partner Bruce McKissock has yet to decide where he will practice after being conflicted out of joining Eckert Seamans. When the new group arrives, Burns White, Pittsburgh's 10th-largest law firm, will have 81 lawyers spread over Philadelphia; Pittsburgh; Plymouth Meeting, Pa.,; Princeton, N.J., and Wheeling, W. Va. The firm focuses on litigation, business law and transportation law. The Mundy group will continue to work from offices formerly occupied by McKissock & Hoffman located at 1818 Market St., 13th floor, in Center City at least through the end of next month, Mundy said. |
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