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MA judge OKs streaming of music-swapping hearing
Law Center |
2009/01/15 08:50
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A federal judge on Wednesday authorized the first online streaming of oral arguments in a U.S. District Court in Massachusetts in a copyright infringement lawsuit that pits a Boston University graduate student against the music recording industry. U.S. District Court Judge Nancy Gertner restricted the live streaming to a Jan. 22 hearing, saying she will decide later whether to make other proceedings in the case, set for March 30 trial, available online. The lawsuit is one of a series filed by the Recording Industry Association of America since 2003 against about 35,000 people who allegedly swapped songs online. Most of those sued are college students, and many have defaulted or settled for amounts between $3,000 and $10,000, often without legal counsel. Charles Nesson, a Harvard University professor representing BU student Joel Tenenbaum, of Providence, R.I., is challenging the constitutionality of the lawsuits, which, based on the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999, can impose damages of $150,000 per willful act of infringement. Nesson had asked Gertner to authorize video cameras already installed in courtrooms to be used to capture the proceedings and transmit the material to Harvard's Berkman Center for Internet, which will then stream it on its Web site for free. Gertner approved the request and authorized New York-based Courtroom View Network, which has webcast state court trials, to "narrowcast" proceedings to the Berkman Center. Gertner said local district judges have the discretion under the guidelines of the policy-setting federal Judicial Conference to allow recording and broadcast when it serves the public interest, particularly of legal arguments without the presence of witnesses and jurors in a case. |
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Appeals court sides with Anadarko on oil royalties
Law Center |
2009/01/14 08:50
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A federal appeals court has ruled in favor of oil producer Anadarko Petroleum in a case that could prevent the government from collecting billions in royalties on oil and natural gas leases.
The 5th U.S. Circuit Court of Appeals on Monday upheld a lower court ruling that said the federal government could not collect royalties from eight deepwater leases held by Anadarko in the Gulf of Mexico. The leases were obtained between 1996 and 2000 by Kerr-McGee Corp., which Anadarko later acquired.
Anadarko Petroleum Corp. says the lawsuit involves more than $150 million in royalties sought by the U.S. Interior Department, which leases offshore tracts to oil and gas producers and, as owner, stands to collect a percentage of revenue. But the ruling could affect other leases and prohibit the government from collecting royalties from other producers. The Interior Department said it may work with Congress to resolve the issue or appeal the case again. At issue is interpretation of a 1995 law designed to provide a break from royalties at a time when oil and natural gas prices were extremely low. The law waived all royalty payments until a specific amount of oil and gas was produced. "If the court's interpretation of Congress' action in 1995 is correct, certain leaseholders will be allowed to produce massive amounts of oil and gas without paying royalties to the United States without regard to the price of oil and gas — perhaps amounting to one of the biggest giveaways of federal resources by Congress in modern history," Interior spokesman Shane Wolfe said. |
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Court limits use of law aimed at career criminals
Law Center |
2009/01/13 08:53
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The Supreme Court has ruled that a failure to report for prison does not count as a violent crime under a federal law intended to keep repeat criminals in prison longer.
A unanimous court on Tuesday threw out a mandatory 15-year prison term given to Deondery Chambers, who pleaded guilty to being a felon in possession of a gun. Chambers had three prior convictions, which prosecutors argued and lower courts agreed brought him under the federal Armed Career Criminal Act.
But one of Chambers' convictions was for his "failure to report" for weekend jail stays. The government contended that not showing up for the weekend confinement was akin to an escape and should be treated as a violent crime. Justice Stephen Breyer rejected that argument in his opinion for the court. Breyer said a report that examined failures to report to prison found no evidence that defendants were more likely to resist arrest and potentially injure law enforcement officers or others. In a separate opinion, Justice Samuel Alito said the court is called on too often to interpret the career criminal law and suggested that Congress come up with a list of specific crimes that should trigger application of the law. In a second criminal case, the court unanimously ruled for a Texas prison inmate seeking federal review of his 43-year prison term. The federal appeals court in New Orleans was wrong to find that Carlos Jiminez had missed a deadline for filing his paperwork in federal court, Justice Clarence Thomas said for the court. The cases are Chambers v. U.S., 06-11206, and Jiminez v. Quarterman, 07-6984. |
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Speedy trial issue lands before US Supreme Court
Law Center |
2009/01/12 03:19
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After he was charged with hitting his girlfriend in the face, career criminal Michael Brillon sat in jail without bail for nearly three years, going through six public defenders before being tried for assault. The delays paid off — for Brillon: A Vermont court threw out his conviction and freed him from prison last spring, saying his Sixth Amendment right to a speedy trial had been violated. Now, the U.S. Supreme Court is taking up the case this week, trying to decide if delays caused by public defenders can deprive a criminal defendant of that right. In particular: Whether governments can be blamed for such delays since they're the ones who assign and pay the lawyers for indigent defendants. Forty states and 15 organizations — state governments, county governments, the U.S. Conference of Mayors, a victim's rights' group — are backing the Vermont prosecutor's appeal of the ruling, worried that if it stands criminal suspects will try to game the system and get the result Brillon did. "You're greasing that slippery slope," said David Parkhurst, an attorney with the National Governors Association, which filed a friend-of-the-court brief in support of the prosecutor's appeal. "That's the big concern here." Brillon, a 46-year-old construction worker whose criminal past includes convictions for sexual assault on a minor, felony obstruction of justice and cocaine possession, was charged with aggravated domestic assault over the 2001 incident with his girlfriend, who was the mother of his child. |
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Court strikes down federal sex offender law
Law Center |
2009/01/09 09:36
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Congress overstepped its authority when it enacted a law allowing the federal government to hold sex offenders in custody indefinitely beyond the end of their prison terms, a federal appeals court ruled Thursday. The law allowing civil commitment of "sexually dangerous" federal inmates intrudes on police powers that the Constitution reserves for states, many of which have their own similar statutes, a three-judge panel of the 4th U.S. Circuit Court of Appeals said. Civil commitment power "is among the most severe wielded by any government," Judge Diana Gribbon Motz wrote. "The Framers, distrustful of such authority, reposed such broad powers in the states, limiting the national government to specific and enumerated powers." In upholding a decision by U.S. District Judge W. Earl Britt of Raleigh, N.C., the 4th Circuit became the first federal appeals court to rule on an issue that has divided courts nationwide. A judge in Minnesota reached the same conclusion as Britt, while courts in Hawaii, Oklahoma and Massachusetts upheld the measure. Thursday's ruling is binding only in the states included in the 4th Circuit: Virginia, North Carolina, South Carolina, West Virginia and Maryland. U.S. Department of Justice spokesman Charles Miller said it was too early to comment on what steps the government might take next. The department could appeal the ruling to the U.S. Supreme Court or seek a rehearing before the full federal appeals court. |
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Blackwater guards to appear in court Tuesday
Law Center |
2009/01/06 09:02
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Five Blackwater Worldwide security guards are expected to appear in federal court to answer to manslaughter charges in the 2007 shooting deaths of 17 Iraqi civilians in Baghdad. The Blackwater guards are scheduled to appear for arraignment Tuesday afternoon in U.S. District Court on manslaughter and weapons charges in the shootings. Expected to enter not guilty pleas are former Marines Donald Ball of West Valley City, Utah; Dustin Heard of Knoxville, Tenn.; Evan Liberty of Rochester, N.H.; and Army veterans Nick Slatten of Sparta, Tenn., and Paul Slough of Keller, Texas. A sixth guard — Jeremy Ridgeway of California — has pleaded guilty to one count each of manslaughter, attempted manslaughter, and aiding and abetting. He has agreed to cooperate with investigators. Prosecutors said the men unleashed a gruesome attack on unarmed Iraqis, including women, children and people trying to escape. But defendants contend they opened fire after coming under attack when a car in a State Department convoy they were escorting broke down. Blackwater radio logs made available to The Associated Press by a defense attorney in the case last month raised questions about prosecutors' claims that the guards' shooting was unprovoked. The log transcripts describe a hectic eight minutes in which the guards repeatedly reported incoming gunfire from insurgents and Iraqi police. The North Carolina-based Blackwater is the largest contractor providing security in Iraq. Most of its work for the State Department is in protecting U.S. diplomats in Iraq. The company has not been charged in connection with the shooting. |
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Rape conviction upheld despite juror's sex crime
Law Center |
2008/12/31 09:11
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The Michigan Supreme Court on Tuesday let stand a rape conviction that was challenged because a juror didn't disclose that he had been convicted of a sex crime. Michigan law bars felons from serving on a jury. But the high court voted 5-2 to uphold the conviction, ruling there was no evidence the juror was biased in the trial of Michael Allen Miller in Ottawa County. Miller, now 31, was convicted of first-degree criminal sexual conduct in 2006 for forcing the 7-year-old daughter of his girlfriend at the time to perform a sex act on him. Before his sentencing, Miller learned that a juror had concealed that he was convicted of assault with intent to commit criminal sexual conduct in 1991 and 1999 for assaulting his sister and a child. Justice Stephen Markman wrote that defendants have a constitutional right to an impartial jury but don't have a constitutional right to be tried by a jury without felons. The ruling reversed a decision by the Michigan Court of Appeals, which in January ordered a new trial. "There is simply no evidence that this juror improperly affected any other jurors," Markman said. Dissenting Justice Marilyn Kelly called the majority's opinion "unworkable" and "unjust," arguing that jurors' honesty is essential to picking a fair jury. Gary Kohut, Miller's court-appointed appellate attorney, said he doesn't know yet whether a federal appeal will be filed. "It's dangerous to say a fair and impartial jury can exist with a convicted felony on the jury," Kohut said. "It really is a fraud on the court for that (juror) to have done what he did." |
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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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