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Sotomayor Confirmation Hearings Begin
Law Center |
2009/07/13 05:44
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The Senate Judiciary Committee opened the historic confirmation hearing for Sonia Sotomayor, the first nominee to the Supreme Court by a Democratic president in 15 years, at 9:58 a.m. today with Democratic and Republican senators beginning to frame the debate over her nomination.
In a packed hearing room of the Hart Senate Office Building, Sotomayor, 55, a judge on the U.S. Court of Appeals for the 2nd Circuit, made her first public appearance since President Obama on May 26 chose her to fill his first vacancy on the nation's highest court. Five minutes before the hearing began, Sotomayor wore a broad smile and a royal blue suit as she walked into the paneled room, accompanied by the committee's chairman, Sen. Patrick J. Leahy (D-Vt.) Moments before the Senators began their opening statements that are to occupy most of the hearing's first day, Leahy invited the nominee to introduce her family members occupying the room's front rows. "If I introduced everyone who was family-like," Sotomayor replied, "we'd be here all morning." |
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Calif. high court: Breath test accuracy can vary
Law Center |
2009/07/10 09:58
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The California Supreme Court has joined a handful of other courts in the country that have said Breathalyzer results mean different things for different people and ruled that suspected drunken drivers can attack the test results in court. Defense attorneys lauded Thursday's unanimous ruling for deferring to science, which has shown for years that the test results are highly variable. Prosecutors, however, predicted the move will undermine California drunken driving cases. At issue is how authorities use booze breath to determine how much alcohol is in the bloodstream. When consumed, alcohol is absorbed in the blood and carried through the brain to the liver and heart before diffusing in the lungs, where it is exhaled in breath. Authorities now use a nationally accepted scientific formula known as "Henry's law" to convert the amount of alcohol vapor in the lungs to a blood-alcohol level. The scientific problem is that breath-to-blood ratios vary greatly throughout the population and fluctuate individually, influenced by such factors as body temperature, atmospheric pressure, medical conditions and the precision of the measuring device.
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It's not slang! Nev. court permits 'HOE' license
Law Center |
2009/07/09 08:15
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A Las Vegas man won a courtroom battle Wednesday with the Nevada Department of Motor Vehicles over his "HOE" license plate, which the agency tried to cancel on grounds that he was using a slang reference to prostitutes. The high court said the DMV based its opposition to William Junge's plate on definitions found in the Web-based Urban Dictionary, which includes user contributions. Justices ruled that the contributed definitions "do not always reflect generally accepted definitions for words." Junge, whose case was pursued by the American Civil Liberties Union of Nevada, said he got the "HOE" plate in 1999 for his Chevy Tahoe, after being told "TAHOE" wasn't available. "It's nonsense," Junge said of the state agency's efforts to pull his plates. The 62-year-old said he was referring to his vehicle's model and not to prostitutes with his plates, adding: "That was their interpretation. Shame on them." The high court said Urban Dictionary "allows, if not encourages, users to invent new words or attribute new, not generally accepted meanings to existing words." But "a reasonable mind would not accept the Urban Dictionary entries alone as adequate to support a conclusion that the word 'HOE' is offensive or inappropriate," the justices wrote. Rebecca Gasca of the ACLU of Nevada said the attempt by a DMV supervisor to cancel Junge's license plate violated constitutional First Amendment protections. Junge dropped out of the litigation after the DMV appealed to the Supreme Court, but the ACLU continued the fight. "While the Urban Dictionary might be an entertaining Web site about the English language, the court acknowledged it's not a reliable source for DMV decision-making about whether a license plate is vulgar," Gasca said. In written briefs submitted to the state Supreme Court, an attorney for the DMV argued there was no First Amendment violation and the state has a reasonable basis for regulating vanity plates on vehicles. It also said the term "hoe" was derogatory toward women. |
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Supreme court allows NY state's bank lending probe
Law Center |
2009/06/29 08:31
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The U.S. Supreme Court ruled on Monday that the New York attorney general's office can investigate whether national banks discriminated against minorities seeking mortgages.
The justices overturned part of a ruling by a U.S. appeals court that entirely blocked the state office from investigating or enforcing the fair lending laws against national banks because they are subject instead to federal regulation. In the court's main split opinion, Justice Antonin Scalia concluded the state attorney general cannot issue subpoenas, but can bring judicial enforcement actions. In 2005, Eliot Spitzer, then the state attorney general, began investigating possible racial discrimination in mortgage lending. He sent letters of inquiry to mortgage lenders, including banks such as Wells Fargo, HSBC, JPMorgan Chase and Citigroup. The probe was prompted by data that Spitzer said appeared to show a significantly higher percentage of high-interest home mortgage loans issued to black and Hispanic borrowers than to white borrowers. The Office of the Comptroller of the Currency, a federal agency that oversees nationally chartered banks, sued to enjoin the probe on the grounds it fell outside state jurisdiction. A consortium of national banks also sued. |
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Court says strip search of Ariz. teenager illegal
Law Center |
2009/06/26 08:28
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The Supreme Court ruled Thursday school officials violated an Arizona teenage girl rights by strip-searching her for prescription-strength ibuprofen, saying U.S. educators should not force children to remove their clothing unless student safety is at risk.
In an 8-1 ruling, the justices said that Safford Middle School officials violated the Fourth Amendment ban on unreasonable searches with their treatment of Savana Redding. However, the court also ruled that the Arizona school officials cannot be held financially liable for their search. Redding was 13 when the educators in rural eastern Arizona conducted the search. They were looking for pills — the equivalent of two Advils. The district bans prescription and over-the-counter drugs and the school was acting on a tip from another student. The school's search of Redding's backpack and outer clothes was permissible, the court said. But the justices said that officials went too far when they asked to search her underwear. |
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Court says public must pay for private special ed
Law Center |
2009/06/22 08:18
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The Supreme Court has made it easier for parents of special education students to be reimbursed for the cost of private schooling for their children.
The court ruled 6-3 Monday in favor of a teenage boy from Oregon whose parents sought to force their local public school district to pay the $5,200 a month it cost to send their son to a private school.
Federal law calls for school districts to reimburse students or their families for education costs when public schools do not have services that address or fulfill the students' needs. Under the Individuals with Disabilities Education Act, the nation's special education students are entitled to a "free and appropriate public education." Schools have argued that parents of special education students should have given public special education programs a chance before seeking reimbursement for private school tuition. But advocacy groups and parents of some special education students contend that forcing them to try public schools first could force children, especially poor ones, to spend time in an undesirable situation before getting the help they need. In the case before the Supreme Court, the family of a teenage Oregon boy diagnosed with attention deficit hyperactivity disorder sued the school district, saying the school did not properly address the student's learning problems. The family is seeking reimbursement for the student's tuition, which cost $5,200-a-month. The family paid a total of $65,000 in private tuition. In its appeal, the Forest Grove School District said students should be forced to at least give public special education programs a try before seeking reimbursement for private tuition. Justice John Paul Stevens said in his majority opinion that the federal Individuals with Disabilities Education Act requires a school district to pay for private special ed services if the public school doesn't have appropriate services. "We conclude that IDEA authorizes reimbursement for the cost of special education services when a school district fails to provide a FAPE and the private-school placement is appropriate, regardless of whether the child previously received special education or related services through the public school," Stevens said. |
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State court again strikes down Philly gun laws
Law Center |
2009/06/19 03:15
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A state appeals court ruled Wednesday that the city cannot enforce an assault weapons ban and a law prohibiting guns bought by one person and given to another, measures passed by City Council in an effort to combat persistent gun violence.
The 6-1 ruling marked the latest setback for Philadelphia officials, who have fought for years for the right to pass their own gun legislation. The Pennsylvania Supreme Court has previously upheld the state's exclusive right to enact gun laws.
The National Rifle Association challenged a series of measures that were passed by City Council in April 2008 and signed by Mayor Michael Nutter. Both sides expect the case to end up before the state's highest court again. "The bottom line is, we won," NRA attorney C. Scott Shields said of the ruling. In Thursday's ruling, the court said the city could not ban assault weapons or pass the law prohibiting straw purchases, in which one person fills out forms and buys a gun for someone else — often convicted felons who can't legally own guns. In a dissenting opinion, Commonwealth Judge Doris A. Smith-Ribner asserted the city does have the right to pass its own gun laws, citing the hundreds of residents killed by gun violence every year. The NRA has also asked the U.S. Supreme Court to strike down strict gun control laws in the Chicago area. The NRA wants the court to rule that last year's decision invalidating a handgun ban in the District of Columbia also applies to local and state laws. The justices likely won't decide before late September whether to hear the NRA's case. |
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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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