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Appeals court: Trump exceeded authority with travel ban
Business |
2017/12/29 02:19
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A federal appeals court panel has ruled that President Donald Trump once again exceeded the scope of his authority with his latest travel ban, but the judges on the 9th U.S. Circuit Court of Appeals put their decision on hold pending review by the U.S. Supreme Court, meaning the ban involving six majority Muslim countries will remain in effect.
The 77-page ruling released late Friday says Trump's proclamation makes no finding whatsoever that simply being from one of the countries cited in the ban makes someone a security risk.
Hawaii, which is suing to stop the ban, has argued that it will be harmful because families will be separated and university recruitment will be hampered.
Earlier this month, the Supreme Court lifted temporary lower court orders that had prevented the latest ban from taking effect.
The status quo was maintained when the 9th Circuit stayed its decision, said Carl Tobias, a professor at the University of Richmond School of Law.
The ruling was unusual, but it's a unique case, he said, noting the Supreme Court has not set argument dates because it has not yet decided to grant an appeal.
"Given the shockingly rapid volley of executive actions and court decisions, this is surely just the latest in a long series of battles to come." Mary Fan, a University of Washington law school professor, said about immigration ban litigation.
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Michigan High Court to Hear Arguments on Guns in Schools
Business |
2017/12/28 02:19
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Michigan's high court is expected to weigh in next year on whether school districts can ban anyone not in law enforcement from carrying guns onto school grounds.
The Michigan Supreme Court last week invited school districts and gun rights groups in a disputed lower-court decision to file written arguments. Oral arguments are expected in coming months, though a hearing date hasn't been set, the Detroit News reported.
The legal battle stems from a 2016 appellate court ruling that public schools can ban guns from their premises, citing more than two dozen state laws with language referencing "weapon-free school zones." The ruling rejected a challenge by gun rights groups and parents who are licensed to carry firearms.
Gun rights advocates said the court was wrong to find Ann Arbor Public Schools and the Clio Area School District aren't in conflict with state law, which prohibits local governments from regulating gun possession.
The Ann Arbor district banned all guns on school property and school-sponsored activities in 2015 after Ulysses Wong, a parent, openly carried a firearm into a high school music concert. Under the district's rules, bringing a gun into the school would constitute an emergency and result in evacuation or other response strategies. |
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Northern Indiana man 3rd generation caring for court clock
Business |
2017/12/26 02:20
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Out of habit, as the Elkhart County Courthouse clock struck 11 on a recent morning, Blake Eckelbarger took out his cellphone and compared the time.
The century-and-a-half-old mechanism in the middle of Goshen trailed the timekeeping of his GPS satellite-aided phone by a minute. Thankfully it's an easy fix, he explained as he tinkered with the brass-colored gears and pins of the green-painted machine his grandfather and great-grandfather once cared for - a minute fast would mean advancing the hands through 11 hours and 59 minutes to set it right.
It's not the time it takes that's the hassle, since that's only 20 minutes, but the fact that he has to stop and wait for the bell to ring as an hour goes by every 10 seconds. It's the same story when he has to advance it one hour along with everyone else's clocks one
"Now it should be OK for another couple months," he remarked, before going into the usual weekly routine of oiling and inspecting the mechanism. It's a job he's had since 2000, when he happily took the offer to bring it back into the Eckelbarger family.
Eckelbarger's great-grandfather, Zena Eckelbarger, took care of the clock from 1923 until his death in 1941. Eckelbarger's grandfather, Dan Eckelbarger Sr., then held the duty for the next 50 years, into his 80s.
He remembers going up there with his grandfather on occasion, but didn't really learn how the clock works until he trained for a couple years under Hosea Jump, who held the contract since 1991 and who asked if he wanted the job. He still had to rely on Jump's expertise for another four or five years whenever an issue needed troubleshooting.
His duties, in addition to the weekly checks, include periodically making sure the clock faces are free of things like leaves or dead birds and that the bell and hammer are in good shape. Once a year, he spends a whole day disassembling the clockworks so he can lubricate the shafts and polish the gears. |
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Trappers ask court to throw out lawsuit over US fur exports
Business |
2017/11/21 11:35
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Fur trappers are asking a federal judge to throw out a lawsuit from wildlife advocates who want to block the export of bobcat pelts from the United States.
Attorneys for trapping organizations said in recent court filings that the lawsuit against the U.S. Fish and Wildlife Service infringes on the authority of state and tribal governments to manage their wildlife.
The plaintiffs in the case allege the government's export program doesn't protect against the accidental trapping of imperiled species such as Canada lynx.
More than 30,000 bobcat pelts were exported in 2015, the most recent year for which data was available, according to wildlife officials. The pelts typically are used to make fur garments and accessories. Russia, China, Canada and Greece are top destinations, according to a trapping industry representative and government reports.
Federal officials in February concluded trapping bobcats and other animals did not have a significant impact on lynx populations.
The Fish and Wildlife Service regulates trade in animal and plant parts according to the Convention on International Trade in Endangered Species, or CITES, which the U.S. ratified in 1975.
The advocates' lawsuit would "do away with the CITES export program," according to attorneys for the Fur Information Council of America, Montana Trappers Association and National Trappers Association.
"They are seeking to interfere with the way the States and Tribes manage their wildlife, by forcing them to limit, if not eliminate, the harvesting of the Furbearers and at the very least restrict the means by which trapping is conducted," attorneys Ira Kasdan and Gary Leistico wrote in their motion to dismiss the case.
Bobcats are not considered an endangered species. But the international trade in their pelts is regulated because they are "look-alikes" for other wildlife populations that are protected under U.S. law. |
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Supreme Court passes on taking John Madden Football case
Business |
2017/11/05 17:00
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A contest for Supreme Court tops the ballot Tuesday in Pennsylvania's general election.
An appointed justice, Republican Sallie Mundy, is looking to keep her seat for a full 10-year term. Her opponent is Democrat Dwayne Woodruff, a former Pittsburgh Steeler who's now an Allegheny County judge.
Four seats on the Superior Court are also being contested. A ballot question asks whether the Legislature should have the authority to let counties, municipalities and school districts exclude up to the full value of residents' homes from taxation.
In Allentown, Democrat Ed Pawlowski is seeking a fourth term despite his indictment on corruption charges. He faces Republican real estate developer Nat Hyman. Pawlowski has denied wrongdoing.
In Philadelphia, civil rights attorney Larry Krasner, a Democrat, and career prosecutor Beth Grossman, a Republican, are vying to succeed former District Attorney Seth Williams, sentenced last month to prison for corruption.
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Brazilian court revives case against Olympian Ryan Lochte
Business |
2017/10/29 18:53
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Over the summer, it appeared Ryan Lochte had been cleared of criminal charges in Brazil after he was accused of fabricating a story about getting robbed at gunpoint in Rio de Janeiro during the 2016 Olympics. On Friday, a decision made by an appeals court that originally ruled the case should be dismissed was reversed, according to USA Today, which cited Brazilian newspaper O Globo. The ruling came after Rio's prosecutor's office filed its own appeal.
"I'm disappointed that they're trying to take another shot at it," Lochte's attorney Jeff Ostrow told USA Today. "I think they should just let it die because they lost and because he didn't do anything wrong. But for whatever reason, they want to try to save face and continue this charade, let them do what they gotta do and we'll continue to fight it because we believe we're right."
Ostrow said he will now attempt to halt further proceedings by filing his own legal motion. If the case continues, Lochte could once again be facing a sentence of one to six months in jail should he be convicted of a misdemeanor offense of fabrication, although he would be unlikely to serve it. The reason, according to CNBC, is that Lochte would need to be extradited to Brazil, which would require U.S. cooperation. Under agreed upon terms with Brazil, extradition only applies in the case of more serious offenses, such as murder or rape.
Lochte's alleged offense was making up a tale inspired by a confrontation between him and three other U.S. swimmers and security at a gas station. After the incident, Lochte embarked on a media tour telling the world he was robbed at gunpoint by criminals posing as Rio police. With Rio authorities trying to downplay the city's crime rate, however, Lochte's allegations sparked an investigation. Eventually security camera footage revealed Lochte's story was untrue.
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German court sends ECB challenge to European court
Business |
2017/08/15 10:15
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Germany's top court has declined to hear a series of challenges to the European Central Bank's bond-buying stimulus program, referring them instead to the European Court of Justice.
The dpa news agency reports Tuesday that those against the program claimed it constituted illegal budget financing and that Germany's central bank should not be participating.
The Federal Constitutional Court ruled that because the challenge was about European Union regulations, it was up to the European court to decide.
The ECB's 2.28 trillion euro ($2.7 trillion) bond-purchasing program is only due to run through 2017, raising the question of whether the case can be heard before the program has already ended. |
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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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