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N.Y. home court in arena suit - judge
Law Center | 2007/02/24 01:26

A lawsuit against the controversial Atlantic Yards basketball arena should be bounced out of federal court, a judge ruled yesterday. The suit challenging the use of eminent domain to make way for Forest City Ratner's $4.2 billion development in Brooklyn should be heard in a state court, Magistrate Robert Levy decided.

"This action represents important public policy concerns and is essentially local in nature," Levy wrote. "The state's interest in adjudicating this case in its own forum outweighs the federal interest in retaining jurisdiction."

The plaintiffs' lawyers now have two weeks to file objections to keep the case in federal court. The case was brought by 13 property owners facing eviction.

"We're disappointed found a basis to recommend dismissal," said Candace Carponter, a member of the opposition group Develop Don't Destroy Brooklyn. The project calls for an arena for the NBA's Nets and 16 towers with residential and commercial space. Construction began Tuesday.

While opponents fear the project will create a traffic nightmare and ruin the neighborhood's character, supporters say the project will be a boon for Brooklyn and the city.



Law School Rankings
Law Promo News | 2007/02/23 15:02

United States (USA)



  • Leiter's Law School Rankings, by Brian Leiter (University of Texas) - Faculty Quality Rankings (Scholarly Impact and Student Quality Rankings), Student Rankings, Job Placement


Ropes & Gray’s Boston office to relocate in 2010
Law Firm News | 2007/02/23 11:29

Ropes & Gray LLP announced today that it has signed a letter of intent to lease the top floors of the Prudential Tower, one of Boston’s premier locations. Ropes & Gray, the fourth-largest tenant in Boston, will occupy more than 400,000 square feet of office space in the Prudential Tower, owned and managed by Boston Properties, beginning in the fall of 2010.

“As was the case with our recent relocation of our New York office in Midtown Manhattan, we’re looking forward to moving to a dynamic new space that can accommodate our future growth,” said Brad Malt, chairman of Ropes & Gray. “Like Midtown, Back Bay offers an appealing mix of central location, cultural and recreational amenities, and convenience for our clients, attorneys and staff alike. International Place is a great building and has been a wonderful location for us since 1989, but we are excited by this development.”

The Prudential Center is a 3.2 million square foot urban center, comprised of 2.6 million square feet of office space and 620,000 square feet of retail space. The complex provides direct access to the Massachusetts Turnpike and on-site access to the MBTA Green Line, as well as the largest parking garage in New England, with space for 3,660 cars. The 52-story Prudential Tower features spectacular views of Boston, Cambridge and the surrounding areas. In 2006, Prudential Center was the recipient of the Urban Land Institute Award for Excellence as best mixed-use project on an international basis. Additionally, the Prudential Tower was the recipient of the 2006 BOMA Best Building of the Year Award.



CA heightens push to ease prison crowding
Politics | 2007/02/23 11:15

Gov. Arnold Schwarzenegger urged legislative leaders yesterday to act swiftly to ease prison overcrowding, saying he would consider early release of inmates who are “old, feeble and sick” and “pose no threat to the public.”  The governor said that if lawmakers do not solve the long-standing overcrowding problem, the federal courts may order the release of criminals and the construction of new prisons, taking money that would otherwise go to education and health care.

“This is, of course, unacceptable. But we can make certain this doesn't happen if we act now,” Schwarzenegger said at a news conference after meeting earlier with legislative leaders. He said he is confident that a Superior Court decision Tuesday blocking an emergency move to transfer inmates to prisons in other states will be overturned on appeal.

The out-of-state transfers have been the administration's only plan to quickly ease overcrowding. About 360 prisoners have been transferred, far short of the goal of 5,000.

AdvertisementIn response to a question, Schwarzenegger said the new urgency comes from an order last week by U.S. District Judge Thelton Henderson in San Francisco giving the state 90 days to spell out how the inmate population will be reduced in each of the next two years.

“I think by having this order it helps us to speed up the process and really start negotiating,” Schwarzenegger said.

California has more than 170,000 prisoners jammed into prisons designed for 100,000. Inmates are packed into gyms, classrooms and hallways – sometimes in beds stacked three high. Officials are concerned about potential riots.



Second Ohio Man Sentenced for Hate Crimes
Court Watch | 2007/02/23 11:14

Joseph Kuzlik, of Cleveland, Ohio, was sentenced today to 27 months in federal prison and three years of supervised release for committing a racially motivated crime which violated the federally protected civil rights of a Cleveland family. Kuzlik was also ordered to pay restitution of $23,000 to the U.S. Environmental Protection Agency (EPA), $767 to the Ohio EPA, and additional sums to the individual victims who suffered financial losses as a result of the offenses. At the sentencing hearing, Judge Patricia Anne Gaughan said, “The abusive and serious nature of this offense is obvious to anyone with a modicum of decency and morality.  I cannot imagine the terror that was inflicted on these victims.  A message must be sent loud and clear that this behavior will not be tolerated and will result in a punishment at the high end of the guideline range.” 

On Nov. 27, 2006, Kuzlik pleaded guilty to conspiring to interfere with the federally protected housing rights of an interracial family because of their race, and for making false statements to federal investigators. Another Cleveland resident, David Fredericy, was sentenced on Jan. 17, 2007, to serve 33 months in prison for his role in the crime.

Fredericy and Kuzlik engaged in a series of acts intended to threaten and intimidate interracial residents in their neighborhood, including placing toxic mercury on the porch of a family with children for the purpose of intimidating them because one of the parents was African-American. As part of his guilty plea, Kuzlik admitted that he and Fredericy were attempting to intimidate the family and drive them from the neighborhood. In order to keep their unlawful actions secret, both Fredericy and Kuzlik lied to federal investigators from the EPA, the federal agency initially charged with cleaning up the mercury and investigating the incident.

“Bias-motivated acts of violence are despicable and intolerable, especially when they involve innocent children,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to the vigorous prosecution of these types of federal hate crimes.”

Gregory White, U.S. Attorney for the Northern District of Ohio said, “Today’s sentence is a fitting conclusion to a joint effort by the FBI, the U.S. EPA, the Ohio EPA, and the Cleveland Police Department, and demonstrates the commitment of both state and federal law enforcement authorities to protecting every citizen’s basic right to live in and enjoy his or her own home without fear of racial intimidation.”

The case was prosecuted by Assistant U.S. Attorney Ann C. Rowland and Trial Attorney Kristy L. Parker of the Civil Rights Division.



State Farm seeks to bar judge
Insurance | 2007/02/23 11:12

State Farm is asking a federal judge to not be one to certify a class action lawsuit filed against the insurer over Hurricane Katrina damages. State Farm Insurance filed papers on Thursday to have US District Court Judge L.T. Senter, Jr. recused from certifying a class action lawsuit against the company over Hurricane Katrina damages.

The insurer questioned Senter's impartiality as fellow judge John Roper and Terri Brown, a federal court clerk, could be plaintiffs in the class action suit. Senter has already disqualified himself from hearing individual lawsuits involving the two co-workers. Senter, who has not yet ruled on the insurer's recusal motion, is scheduled to hear arguments concerning the State Farm class action bid on Wednesday.

In January, a Mississippi jury held State Farm liable for $2.5 million dollars in punitive damages for rejecting a Katrina claim that State Farm said was due to wind before the storm rather than the hurricane itself. In the same month, State Farm agreed to settle with hundreds of Mississipi homeowners, but Senter rejected the proposed settlement.



UN condemn draft Nigeria anti-gay law
Human Rights | 2007/02/23 11:04

United Nations human rights experts Friday condemned a proposed Nigerian law banning gay marriage and tightening laws criminalizing homosexuality in the country. While engaging in homosexual acts in Nigeria is already punishable by death by stoning, the UN experts said the new law, which authorizes a maximum five-year sentence for any person found to be openly gay, will make persons engaging in, or perceived to be engaging in, same sex relationships in Nigeria more susceptible to arbitrary arrests, detention, torture and ill-treatment and expose them even more to violence and attacks on their dignity.

They also said the law would violate Article 1 of the Universal Declaration of Human Rights specifying that all human beings are “born equal in dignity and rights.” Friday's statement was jointly issued by Special Representative of the Secretary-General on Human Rights Defenders Hina Jilani; Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance Doudou Diène; Special Rapporteur on violence against women, its causes and consequences Yakin Ertürk; and Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health Paul Hunt.

Some speculate that the Nigerian law, which could pass both the House and Senate by the end of March, is a response to a civil unions law enacted by South Africa last November. With that legislation, South Africa became the first African nation to recognize same-sex unions.



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