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Polish leader appoints top court judges, against ruling
Corporate Governance |
2018/10/07 10:44
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Poland's president swore in 27 new Supreme Court judges Wednesday, stepping up the conflict over control of the judiciary and ignoring another top court that said the appointments should be suspended pending an opinion by European Union judges.
Andrzej Duda appointed judges to the civil and penal chambers of the court as well as to its new chamber of extraordinary control, according to his top aide, Pawel Mucha. Reporters were not allowed to witness the ceremony.
"We are implementing another stage of the reform of the justice system that is so important to us," Mucha said, adding: "We are acting in the public interest."
The new judges are part of the sweeping changes that the ruling conservative Law and Justice party has been applying to the justice system since winning power in 2015. It says that judges active during the communist era, before 1989, must be replaced. Many of the court's judges have been forced to retire early under a new law that put their retirement age at 65, from the previous 70.
But critics say the changes violate the constitution and are putting Poland's courts under the party's political control. They also say Duda is acting against the supreme charter and warn he may be brought to account before a special tribunal.
The former head of the Constitutional Tribunal, designed to try actions by politicians, Andrzej Zoll, said Duda must be "brought to account in the future," saying his actions are against the rule of law and could lead to anarchy.
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Supreme Court could limit execution of people with dementia
Bankruptcy |
2018/10/05 00:46
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The Supreme Court appeared willing Tuesday to extend protection from capital punishment to people with dementia who can't recall their crime or understand the circumstances of their execution.
The eight justices heard arguments in the case of Alabama death row inmate Vernon Madison, who killed a police officer in 1985 but has suffered strokes that his lawyers say have left him with severe dementia.
The high court has previously said the constitutional ban on cruel and unusual punishment means that people who are insane, delusional or psychotic cannot be executed.
A ruling for Madison probably would mean a new hearing in state court over whether his condition renders him ineligible for execution.
Chief Justice John Roberts and the court's four liberal justices seemed most willing to rule for Madison. The other three justices, Samuel Alito, Neil Gorsuch and Clarence Thomas, are unlikely to side with Madison because they voted to allow his execution to proceed when their colleagues blocked it in January, setting up the current case.
In a reflection of the changed dynamics on the court, Roberts' vote would appear to be decisive since a 4-4 split would leave in place a state court ruling against Madison and allow Alabama to try again to execute him. The high court is down one justice, following Anthony Kennedy's retirement in July and a delay in a vote to confirm Brett Kavanaugh so that the FBI can investigate allegations against him of sexual misconduct.
Kennedy had been the conservative justice most likely to vote with the liberals on death penalty cases. The court agreed to hear the appeal while Kennedy was on the bench. He had been a key voice in limiting capital punishment, having voted to bar the execution of people under 18, the intellectually disabled and those who lack a rational understanding of why they are to be put to death.
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Indian court allows deportation of 7 Rohingya to Myanmar
Health Care |
2018/10/04 22:46
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India on Thursday deported its first group of Rohingya Muslims since the government last year ordered the expulsion of members of the Myanmar minority group and others who entered the country illegally.
The deportation was carried out after the Supreme Court rejected a last-minute plea by the seven men's lawyer that they be allowed to remain in India because they feared reprisals in Myanmar. They were arrested in 2012 for entering India illegally and have been held in prison since then.
Indian authorities handed the seven over to Myanmar officials at a border crossing in Moreh in Manipur state, a police officer said on condition of anonymity because he was not authorized to talk to reporters. Each carried a bag of belongings.
The Supreme Court said it would allow their deportation because Myanmar had accepted them as citizens. Government attorney Tushar Mehta told the judges that Myanmar had given the seven certificates of identity and 1-month visas to facilitate their deportation.
Most Rohingya Muslims in Buddhist-majority Myanmar are denied citizenship and face widespread discrimination.
Defense attorney Prashant Bhushan said the government should treat them as refugees, not as illegal migrants, and send a representative of the U.N. High Commissioner for Refugees to talk to them so they would not be deported under duress.
About 700,000 Rohingya have fled to Bangladesh since August 2017 to escape a brutal campaign of violence by Myanmar's military.
An estimated 40,000 other Rohingya have taken refuge in parts of India. Less than 15,000 are registered with the U.N. High Commissioner for Refugees.
Many have settled in areas of India with large Muslim populations, including the southern city of Hyderabad, the northern state of Uttar Pradesh, New Delhi, and the Himalayan region of Jammu-Kashmir. Some have taken refuge in northeast India bordering Bangladesh and Myanmar. |
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Cemetery case puts property rights issue before high court
Class Action |
2018/10/04 22:44
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Rose Mary Knick makes no bones about it. She doesn't buy that there are bodies buried on her eastern Pennsylvania farmland, and she doesn't want people strolling onto her property to visit what her town says is a small cemetery.
Six years ago, however, Knick's town passed an ordinance that requires anyone with a cemetery on their land to open it to the public during the day. The town ordered Knick to comply, threatening a daily fine of $300 to $600 if she didn't. Knick's response has been to fight all the way to the U.S. Supreme Court, which heard arguments in her case Wednesday.
"Would you want somebody roaming around in your backyard?" Knick asked during a recent interview on her Lackawanna County property, which is posted with signs warning against trespassing.
Her neighbors in Scott Township, the Vail family, say they just want to visit their ancestors' graves.
The Supreme Court isn't going to weigh in on whether there's a cemetery on Knick's land. Instead, it's considering whether people with property rights cases like Knick's can bring their cases to federal court or must go to state court, an issue groups nationwide are interested in.
Knick, 69, says her town's ordinance wouldn't protect her if people injure themselves on her land and sue. And she says if the town is going to take her private property and open it up to the public, they should pay her. She says she believes that the town was trying to make an example out of her for questioning lawmakers' decisions.
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Trials adding up for West Virginia Supreme Court justices
Human Rights |
2018/10/02 09:11
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The federal trial of the ousted chief justice of the West Virginia Supreme Court is starting a day after a colleague's impeachment trial began in the state Senate.
Jury selection is set to get under way Tuesday in U.S. District Court in Charleston for Allen Loughry who also has a Senate impeachment trial scheduled in November.
Loughry is accused in the 25-count federal indictment of repeatedly lying about using his office for personal gain, making personal use of a state vehicle and credit card, and trying to influence an employee's testimony and a federal grand jury investigation.
The indictment accuses him of "creating a false narrative" about an antique desk and leather couch that he had transferred from the Supreme Court offices to his home, and that he repeated the false narrative to an FBI special agent during a March interview.
The House of Delegates in August impeached him and justices Beth Walker, Margaret Workman and Robin Davis. Walker's impeachment trial started Monday and resumes Tuesday.
West Virginia's courts are an independent branch of government, and Loughry, in consultation with the other justices, had constitutional autonomy in deciding how the system spends a $139 million annual budget. The justices are accused of abusing this authority by failing to rein in excessive spending on lavish office renovations, business lunches and the personal use of state cars. The cases also raised questions about corruption, incompetence and neglect of duty earlier this decade. |
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High court denies review of Grand Canyon-area mining ban
Breaking Legal News |
2018/10/02 00:09
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The U.S. Supreme Court won't review an Obama-era action that put land around the Grand Canyon off-limits to new mining claims, ending the legal battle as environmentalists keep a close eye on actions by the Trump administration that they fear could lead to more access for the mining industry.
The Obama administration put about 1,562 square miles (4,045 square kilometers) outside the boundaries of the national park off-limits to new hard rock mining claims until 2032. The 20-year ban was meant to slow a flurry of mining claims over concern that the Colorado River — a major water source serving 30 million people — could become contaminated and to allow for scientific studies.
The mining industry asked the Supreme Court in March to review the ban, saying it was based on an unconstitutional provision of federal law. The high court on Monday declined the request, leaving the ban in place.
"Clearly, we're disappointed," said Ashley Burke, a spokeswoman for the National Mining Association. "There continues to be great risk to our domestic supply chain thanks to unwarranted withdrawals like this." Burke said the association will continue advocating for land access. The American Exploration and Mining Association also challenged the ban. Environmentalists hailed the court's decision but are worried the ban could be undone administratively.
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Supreme Court won't hear case over California beach access
Court Watch |
2018/10/01 20:32
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The Supreme Court is refusing to hear an appeal from a California billionaire who doesn't want to open a road on his property so that the public can access a beach.
The justices said Monday that they will not take up Vinod Khosla's appeal of a California appeals court decision. The case had the potential to upend California's longstanding efforts to keep beaches open to the public.
Khosla bought the property in the San Francisco Bay Area for $32.5 million in 2008 and later blocked the public from accessing it. That prompted a lawsuit by the nonprofit Surfrider Foundation.
A state appeals court ruled last year that Khosla needed to apply for a coastal development permit before denying public access.
Khosla — a venture capitalist who co-founded the Silicon Valley technology company, Sun Microsystems — closed a gate, put up a no-access sign and painted over a billboard at the entrance to the property that had advertised access to the beach, according to the appellate ruling.
The secluded beach south of Half Moon Bay, about 35 miles (56 kilometers) south of San Francisco, is only accessible by a road that goes over Khosla's land.
The previous owners of the property allowed public access to the beach for a fee. But Khosla's attorneys say the cost to maintain the beach and other facilities far exceeded revenue from the fees.
The government cannot demand that people keep their private property open to the public without paying them to do so, Khosla's attorneys said in their appeal to the U.S. Supreme Court.
The state appeals court ruling would "throw private property rights in California into disarray," the appeal argued, saying other property owners along California's coast would prefer to exclude the public.
The Surfrider Foundation said Khosla's appeal to the U.S. Supreme Court was premature because he had not yet applied for a permit and received a decision from the state.
"This win helps to secure beach access for all people, as is enshrined in our laws," said Angela Howe, legal director of the foundation. "The Surfrider Foundation will always fight to preserve the rights of the many from becoming the assets of the few." |
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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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