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Supremacist blogger accused of threatening judges
Breaking Legal News |
2009/06/25 08:20
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A white supremacist blogger was arrested at his New Jersey home Wednesday and charged with threatening to assault or murder three Chicago-based judges who refused to overturn local ordinances banning handguns.
Hal Turner, 47, a former Internet radio talk show host, was taken into custody by FBI agents who went to his North Bergen home with a search warrant, according to the U.S. attorney's office. Prosecutors quoted a Turner Internet posting as saying: "Let me be the first to say this plainly: These judges deserve to be killed." The posting included a map showing the Everett Dirksen Federal Courthouse, where the three judges are based. It said a map showing the judges' homes would later be added. The posting also referred to the murder of the mother and husband of Chicago-based federal Judge Joan Humphrey Lefkow in February 2005 — a crime that sent shock waves across the nation. "Apparently, the 7th U.S. Circuit Court didn't get the hint after those killings," the posting said. "It appears another lesson is needed." U.S. Attorney Patrick J. Fitzgerald announced the arrest, stressing the importance federal officials placed on the case. |
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US Supreme Court issues first ruling to limit Voting Rights Act
Breaking Legal News |
2009/06/24 09:14
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The 8-1 ruling by the US Supreme Court Monday on the Voting Rights Act has been greeted with a mixture of relief and praise from many civil rights groups and liberal commentators. “It’s fair to say this case was brought to tear the heart out of the Voting Rights Act, and today that effort failed,” said Debo Adegbile, lead attorney for the NAACP Legal Defense and Educational Fund.
But a closer examination of the decision and the political context in which it was made reveals that the court has opened the door to gutting the most fundamental US civil rights law, whose passage in 1965 marked a watershed in the struggle against institutionalized racial discrimination. In Northwest Austin Municipal Utility District Number One v. Holder, a local utility district in Austin, Texas sued the federal government over the constitutionality of Section 5 of the Voting Rights Act, which requires that certain state and local government units apply to the US Department of Justice for “preclearance” before they make any changes in their election rules, including changes in voter registration procedures and electoral district boundaries. The 1965 law specified nine states and parts of several others, including most of the former Confederacy: Texas, Louisiana, Mississippi, Alabama, Georgia, South Carolina and most of Virginia. Alaska, Arizona and portions of Florida, North Carolina, Michigan, New Hampshire, South Dakota and New York City are also affected, most of the latter because of discrimination against Hispanic and Native American voters. Including all their counties, cities, school districts, utility districts and other governmental entities, a total of some 17,000 jurisdictions are subject to preclearance.
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Judge strikes down NYC's green-cab incentive
Breaking Legal News |
2009/06/23 08:37
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A judge on Monday rejected the city's latest maneuver to force taxicab owners to buy fuel-efficient hybrids, the second time in eight months he deemed such rules to be pre-empted by federal laws.
Under the rules rejected by U.S. District Judge Paul A. Crotty, companies that own fuel-saving cabs would have been allowed to charge drivers slightly higher rental rates; companies with gas-hungry vehicles would see their rates decrease over a two-year period. In October, Crotty rejected for the same reason other rules the city had devised to try to force the fleet of yellow cabs to go green by 2012. Those rules would have required new cabs to be fuel efficient. The judge praised the city's intent but said efforts to encourage the purchase of hybrid vehicles must be careful not to interfere with Congress' exclusive jurisdiction over laws related to mileage or emission standards. "The court's purpose is not to interfere with government officials taking actions in the public interest," he wrote. "Increasing the number of hybrid taxicabs is an appropriate and important governmental priority." The judge noted there were no legal challenges to decisions by the city to issue new taxi medallions only to hybrid vehicles or to allow hybrid cabs to stay in service longer. Michael A. Cardozo, head of the city's law department, said the city was disappointed. "We do not believe that Congress intended to prohibit local governments from implementing incentive programs ... that encourage the purchase of environmentally friendly taxis. We are exploring our legal options," he said in a statement. |
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Court to rule on federal sex offenders law
Breaking Legal News |
2009/06/22 08:18
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The Supreme Court will decide the constitutionality of a federal law that permits sex offenders to be kept behind bars after they complete their prison terms.
The justices, acting Monday, say they will consider the Obama administration's appeal of a lower court ruling that invalidated the law.
The 4th U.S. Circuit Court of Appeals in Richmond, Va., ruled in January that Congress overstepped its authority when it enacted a law allowing for indefinite commitment of people who are considered "sexually dangerous." In April, Chief Justice John Roberts granted an administration request to block the release of up to 77 inmates at a federal prison in North Carolina. These were people whose prison terms for sex offenses were ending. The justice's order was designed to allow time for the high court to consider the administration's appeal. The challenge to the law was brought by four men who served prison terms ranging from three to eight years for possession of child pornography or sexual abuse of a minor. Their confinement was supposed to end more than two years ago, but the government determined that there would be a risk of sexually violent conduct or child molestation if they were released. A fifth man who also was part of the legal challenge was charged with child sex abuse, but declared incompetent to stand trial. |
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Court makes it harder to prove age discrimination
Breaking Legal News |
2009/06/19 08:14
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The Supreme Court has made it harder to prove discrimination on the basis of age, ruling against an employee in his mid-50s who says he was demoted because of his age.
In a 5-4 decision Thursday written by Justice Clarence Thomas, the court said a worker has to prove that age was the key factor in an employment decision, even if there is some evidence that age played a role. In some other discrimination lawsuits, the burden of proof shifts to the employer once a worker shows there is some reason to believe a decision was made for improper reasons.
Jack Gross had been a vice president of FBL Financial Services of West Des Moines, Iowa. But in 2001, he lost the title of vice president in a reorganization and two years later, some of his responsibilities were given to a colleague. Gross sued under the federal Age Discrimination in Employment Act and a jury agreed that his age was a motivating factor in his demotion. Gross was awarded $46,945 in lost compensation. |
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Mich. court gives judges say in witnesses' dress
Breaking Legal News |
2009/06/17 09:12
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The Michigan Supreme Court on Wednesday voted to give judges authority over how witnesses dress in court after a Muslim woman refused to remove her veil while testifying in a small claims case.
A statewide court rule letting judges regulate the appearance of witnesses — such as asking them to remove face coverings — was approved by a 5-2 vote. The dissenters said there should be an exception for people whose clothing is dictated by their religion.
Justices heard last month from a Muslim woman who sued because her small claims case was dismissed when she refused to remove her veil. Hamtramck District Judge Paul Paruk told Ginnnah Muhammad he needed to see her face to judge her truthfulness. The 45-year-old from Detroit kept her niqab on during the 2006 hearing. Some Muslim leaders interpret the Quran to require that women wear a headscarf, veil or burqa in the presence of a man who is not their husband or close relative. After Muhammad sued the judge, the Michigan Judges Association and Michigan District Judges Association got behind a court rule giving judges "reasonable" control over the appearance of parties and witnesses to observe their demeanor and ensure they can be accurately identified. The two justices who voted against the rule Wednesday said they favored a religious exception endorsed by the American Civil Liberties Union of Michigan and religious groups. Muhammad originally went to court to contest a $3,000 charge from a rental-car company to repair a vehicle that she said thieves had broken into. The Detroit area is home to one of the country's largest Muslim populations. Legal observers have said the veil flap is a cutting-edge issue that will arise elsewhere in the United States. |
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High court won't review 'Cuban 5' espionage case
Breaking Legal News |
2009/06/16 05:34
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Cuban exiles said Monday they were relieved the Supreme Court refused to review the convictions of five intelligence agents for the communist country, despite calls from Nobel Prize winners and international legal groups to consider the case.
The convictions stand against the so-called "Cuban Five," who maintain they did not receive a fair trial because of strong anti-Castro sentiment in Miami. The men have been lionized as heroes in Cuba. Exile groups say they were justly punished.
The five — Gerardo Hernandez, Ramon Labanino (aka Luis Medina), Rene Gonzalez, Antonio Guerrero and Fernando Gonzalez (aka Ruben Campa) — were convicted in 2001 of being unregistered foreign agents. Three also were found guilty of conspiracy to obtain military secrets from the U.S. Southern Command headquarters. Hernandez was convicted of murder conspiracy in the deaths of four pilots, members of the Miami-based Brothers to the Rescue organization, who were shot down by Cuban fighter jets in 1996 off the island's coast. The group sought to identify and help migrants leaving Cuba by sea. The Cuban government maintains the planes violated its airspace to scatter political pamphlets over the island. |
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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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