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Bush and Karzai hold "strategy session" in US
International | 2007/08/06 06:15
Afghanistan's president Hamid Karzai has arrived in Camp David for what has been billed by experts as a "strategy session" with US president George W. Bush. On the agenda: the struggling, six-year effort to rebuild the war-torn country, and the efforts to defuse the threat from Taliban and al-Qaeda militants. A report from US spy agencies last month found both groups were training new recruits in the Waziristan region of Pakistan, near the Afghan border.

The more immediate crisis of trying to free the remaining 21 South Korean hostages seized by the Taliban last month will also dominate the talks. Seoul is pressuring the US and Afghanistan to do all they can to secure the group's release. Analysts say Bush will want to reassure Karzai of US commitment to his country. Washington has already allocated ten billion dollars for Afghanistan this year, and has also boosted troop levels.


Woman Pleads Guilty To Passing Bad Checks
Court Watch | 2007/08/06 04:26
An employee of a physician-billing service pleaded guilty in federal court to charges of passing about $100,000 in forged checks. Christine Ann Wilson, of Beechview, deposited checks issued by health care insurance companies into her own account between May 2004 and March 2006, according to prosecutors. Wilson was indicted in December on 124 counts of forgery and pleaded guilty on Thursday. She faces up to 10 years in prison and a $250,000 fine.

U.S. District Judge Gustave Diamond scheduled a sentencing hearing for Nov. 6.


Civil Rights Attorney Oliver Hill Dies
Legal Careers News | 2007/08/06 04:16

Oliver W. Hill, a civil rights lawyer who was at the front of the legal effort that desegregated public schools, has died at age 100, a family friend said.

Hill died peacefully Sunday at his home during breakfast, said Joseph Morrissey, a friend of the Hill family.

In 1954, he was part of a series of lawsuits against racially segregated public schools that became the U.S. Supreme Court's landmark Brown v. Board of Education decision, which changed America's society by setting the foundation for integrated education.

"He was among the vanguard in seeking equal opportunity for all individuals, and he was steadfast in his commitment to effect change. He will be missed," said L. Douglas Wilder, who in 1989 became the nation's first elected black governor and was a confidant of Hill's. Wilder is now Richmond's mayor.

In 1940, Hill won his first civil rights case in Virginia, one that required equal pay for black and white teachers. Eight years later, he was the first black elected to Richmond's City Council since Reconstruction.

A lawsuit argued by Hill in 1951 on behalf of students protesting deplorable conditions at their high school for blacks in Farmville became one of five cases decided under Brown.

Those battles to end the Jim Crow era were dangerous ones for Hill and other civil rights leaders. Hill once received so many threats that he and his wife, Berensenia, would not allow their son to answer the telephone.

Nor did his battle for civil rights bring him wealth.

"We got very few fees for any of this," he said in a 1992 interview in The Richmond News Leader.

Hill never lost sight of the importance of the 1954 court ruling. Without it, he said in an interview in the Richmond Times-Dispatch this year, "I doubt (the Rev. Martin Luther) King would have gotten to first base."

Hill was born May 1, 1907, and his father left when Hill was an infant. His mother remarried, and Hill took the name of his stepfather. He moved with his family to Roanoke, where he spent much of his childhood.

His mother was a maid and his stepfather was a bellman at an exclusive resort about 70 miles from Roanoke. While his parents worked, Hill stayed with a family that he says instilled in him pride in his black heritage.

"Consequently, from childhood I developed personal esteem and expected white folks to treat me like they did one another in such settings," Hill wrote in his autobiography.

Later, his family moved to Washington, where he graduated from high school and graduated second in his class from Howard University's law school in 1933. The top law graduate that year was his friend Thurgood Marshall.

Marshall and Hill were part of the NAACP Legal Defense and Education Fund team that fought the desegregation case to the Supreme Court. They remained close friends after Marshall became the court's first black justice.

He had recalled that when he started his law career, the court clerks in the building that housed the state Supreme Court of Appeals and law library allowed him to review legal books over weekends with the understanding that he would return them Monday mornings - "quite a gesture for those days," Hill said.

Two years ago, that building - now a century old and renovated - was renamed in Hill's honor. Though frail, he attended the 2005 dedication and, in a statement read by his son, said: "Who would have thought back in 1939, given the racial climate at the time, that 66 years later that building would be named after me."

Also in 2005, the National Association for the Advancement of Colored People honored Hill with its Spingarn Award for distinguished achievement. Earlier winners included King, home run record holder Hank Aaron, the Rev. Jesse Jackson and Rosa Parks.

Though blind and in a wheelchair in recent years, Hill remained active in social and civil rights causes. He remained active in the day-to-day operations of his law firm until 1998. The next year, he received the Presidential Medal of Freedom, the nation's highest civilian honor, from President Bill Clinton.

In 2003, Hill urged a Virginia legislative committee to support a resolution expressing "profound regret" for what was known in the 1950s as "Massive Resistance," the state-led effort to defy the Supreme Court's desegregation order. Rather than desegregate, Virginia chose to close entire public schools.

This past May, state officials unveiled images of a memorial planned on the state Capitol grounds in Richmond that features Hill and the students who staged the 1951 walkout at Farmville. The $2.6 million monument is to be unveiled next July. He also greeted Queen Elizabeth II during her visit to the state Capitol to commemorate the 400th anniversary of the founding of Jamestown, the first permanent English settlement in North America.



Bush signs intelligence surveillance bill
Political and Legal | 2007/08/05 19:38
President Bush on Sunday signed into law an expansion of the government's power to eavesdrop on foreign terror suspects without the need for warrants.

The law, approved by the Senate and the House just before Congress adjourned for its summer break, was deemed a priority by Bush and his chief intelligence officials.

Bush signed the bill into law on Sunday afternoon at his retreat at Camp David, Md.

"When our intelligence professionals have the legal tools to gather information about the intentions of our enemies, America is safer," Bush said. "And when these same legal tools also protect the civil liberties of Americans, then we can have the confidence to know that we can preserve our freedoms while making America safer."

The administration said the measure is needed to speed the National Security Agency's ability to intercept phone calls, e-mails and other communications involving foreign nationals "reasonably believed to be outside the United States."

The law is designed to capture communications that pass through the United States.

Civil liberties groups and many Democrats say it goes too far, possibly enabling the government to wiretap U.S. residents communicating with overseas parties without adequate oversight from courts or Congress.

The new law updates the Foreign Intelligence Surveillance Act, and it will expire in six months unless Congress renews it. Bush wants deeper, permanent changes.

"We must remember that our work is not done," Bush prodded. "This bill is a temporary, narrowly focused statute to deal with the most immediate shortcomings in the law."



US House passes intelligence surveillance bill
Breaking Legal News | 2007/08/05 09:39

The US House of Representatives voted 227-183 late Saturday in favor of the Protect America Act 2007, legislation that gives the Executive Branch expanded surveillance authority for a period of six months while Congress works on long-term legislation to "modernize" the Foreign Intelligence Surveillance Act (FISA). The bill was passed by the Senate Friday and Bush said Saturday that he will sign the legislation. Bush said that Director of National Intelligence Mike McConnell has provided the president assurances "that this bill gives him what he needs to continue to protect the country."

The Protect America Act establishes legal guidelines on how the United States can conduct surveillance against foreign nationals "reasonably believed to be outside the United States," and requires the director of national intelligence and the attorney general's authorization before surveillance against a specific target can begin. The surveillance will be subject to review by the Foreign Intelligence Surveillance Court within 120 days.



Homeless woman in class-action suit against Fresno dies
Class Action | 2007/08/05 09:31
A homeless woman suing the city of Fresno over the destruction of homeless people's belongings during raids on thier camps has died just days after the lawsuit gained class-action status.

Pamela Kincaid, 51, died Wednesday after friends said she fell four floors from a hospital stairwell.

The Fresno County Coroner's Office has called for an autopsy on Kincaid, who was also assaulted a few weeks before her death, said Dr. David Hadden, the county coroner. Kincaid was hospitalized after that attack with bruises on her head and abrasions on her body and face, according to police.

Kincaid was among a group of homeless people who sued the city last year for seizing and destroying their property during the raids. A federal judge granted the lawsuit class-action status Monday, which allows other homeless people who claim their personal property was taken and destroyed by the city to join the case.

In November, U.S. District Court Judge Oliver W. Wanger ordered the city to stop taking homeless people's property while the lawsuit made its way through court.



Guilty Plea Entered in Falwell Bomb Case
Court Watch | 2007/08/04 19:24
A Liberty University student who pleaded not guilty last month to charges of possessing a bomb the night before the Rev. Jerry Falwell's funeral changed his plea in federal court. Mark David Uhl, 19, had pleaded not guilty during his arraignment July 27, but on Friday pleaded guilty to having an unregistered destructive device. He had been scheduled to go to trial Aug. 9.

He now faces as many as 10 years in prison when he is sentenced in November.

Uhl, who is being held at a jail in Lynchburg, was arrested May 21 after Campbell County authorities who searched the trunk of his car found five bombs that state police agents called "homemade napalm." Campbell authorities have said they do not believe Uhl intended to disrupt Falwell's funeral services or harm the Falwell family.

At a bond hearing in May, a federal agent said Uhl had other plans for violence, including a plot with a friend to disrupt a prom at his former high school in northern Virginia with pepper spray.



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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet.
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