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Supreme Court Ruling Splits Anti-abortionists
Law Center |
2007/05/24 10:20
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| A supreme court decision on abortion widely seen as the most important legal victory for the religious right in years has opened up a rift within the anti-abortion movement. In a full-page advertisement in a Colorado newspaper yesterday, the leaders of four anti-abortion groups accused a powerful evangelical leader of misleading his fellow Christians on the court verdict. The unusual attack on James Dobson, the founder of Focus on Family and arguably one of the most powerful figures on the religious right, comes only days after the death of the Rev Jerry Falwell, a leading conservative. The breach prompted immediate speculation about cracks in what has until now been a remarkably united movement. In their ad, the leaders of the four anti-abortion groups say Mr Dobson was wrong to see last April's supreme court decision as a victory. The verdict banned a particular procedure for terminations later in pregnancy, which the anti-abortion movement has labeled "partial birth abortions". The campaign against that particular procedure has been a rallying point in the anti-abortion movement. Last month's decision was also seen as an indication of a shift to the right on the supreme court following two appointments by President Bush. Opponents of abortion now believe it could soon be possible to overturn the decision legalizing abortion. However, yesterday's ad argues that the ban on late abortions will not reduce terminations. Instead, the ad says the ban will simply encourage doctors to find other methods for such terminations. "Dr Dobson, you mislead Christians claiming this ruling will 'protect children.' The court granted no authority to save the life of even a single child," the ad said. It also called on Mr Dobson to repent. |
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Supreme Court Takes Municipal Bond Case
Law Center |
2007/05/22 10:22
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| The Supreme Court Monday said it will consider a case that could have big implications for the $3 trillion municipal bond market. The issue is whether states can exempt their muni bonds from taxes while taxing such bonds issued by other states. A Kentucky court ruled last year that the practice violates the Constitution, which prohibits states from discriminating against out-of-state commerce. Kentucky's lawyers appealed to the Supreme Court. "The outcome ... has broad implications for the municipal bond market at large, far beyond Kentucky's borders," John R. Farris, Kentucky's secretary of finance, said in a written statement. If the justices uphold the Kentucky court's ruling, states that exempt their bonds while taxing those from other states would either have to tax municipal bonds from all states equally or exempt all bonds in order to come into compliance, several legal experts said. But based on a separate Supreme Court decision last month involving interstate commerce, which ruled in favor of local governments in New York, many observers think the Court is likely to overrule the Kentucky decision and maintain the status quo. By exempting municipal bonds from state taxes, governments can offer in-state investors lower interest rates and as a result lower their cost of borrowing. Muni bonds, which are used to fund roads, schools and other public projects, are also exempt from federal taxes. The bonds can be particularly appealing to investors from high-tax states such as California, New York and Massachusetts. There are hundreds of mutual funds comprised of muni bonds from single states, with over $160 billion in assets, bond analysts said. State and local governments issued approximately $400 billion in municipal bonds in 2006, one bond analyst said. Like Kentucky, more than 40 states exempt at least some of their in-state bonds from taxation, the National Association of State Treasurers said in a friend-of-the-court brief. Kentucky's policy was challenged by George and Catherine Davis, who argued it is unconstitutional and requested a refund of the taxes they paid on out-of-state muni bonds. If the Davises prevail at the high court, Kentucky and the other states could be forced to pay those refunds, said Alan Viard, a resident scholar at the American Enterprise Institute. The case could also impact the Section 529 college savings plans offered by many states, said Leonard Weiser-Varon, a public finance expert at the Mintz Levin law firm in Boston. Bond fund managers downplayed the issue. Tom Metzold, a vice president and portfolio manager at Eaton Vance Corp., said that a ruling against the states could result in a one-time reduction in the value of muni bonds. Otherwise, "it will be much ado about nothing," he said. Ronald Fielding, who manages the municipal bond funds group at Oppenheimer Funds, estimated that investors who own bonds from high-tax states could see the value of their portfolios decline by 1.5 percent to 2 percent if the Supreme Court rules in favor of the Davises. But many legal experts think the justices are likely to rule in favor of Kentucky instead. Last month, the justices found that local governments in New York could compel private trash haulers to use government-owned facilities, even if it would be cheaper to dispose of it at out-of-state dumps. Gregory Germain, an associate professor at the Syracuse University College of Law, said that ruling carved out "a very broad exemption" to the commerce clause for laws that may discriminate against interstate commerce but favor a government entity. The case is Kentucky v. Davis, 06-666. It won't be argued until the Court's next term, which begins in October. |
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N.C. Court of Appeals Hears Lottery Lawsuit
Law Center |
2007/05/21 12:20
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| Is the North Carolina Education Lottery a tax, and was the law making it legal in the Tar Heel state passed unconstitutionally? State Superior Court Judge Henry Hight, in March 2006, ruled against a lawsuit challenging the lottery's legality, saying the bill was legally passed, because it is not a tax and no one is forced to play the lottery. But Bob Orr, former executive director of the North Carolina Institute of Constitutional Law and one of the lawyers pressing the challenge to the lottery, argued before the state Court of Appeals Tuesday that it was indeed a tax, because 35 percent of the lottery proceeds are allocated for education and that any money raised for the public's general benefit is a tax. At issue in the case is how the General Assembly passed the law and whether it was constitutional. North Carolina law requires votes on separate days for laws that lead to higher taxes or borrow against the state's credit. Attorneys for the state have argued that the lottery law does neither and that both chambers' votes were legal. (In April 2005, the House approved the lottery bill by a vote of 61-59. In August of the same year, the Senate needed a tie-breaking vote from Lt. Gov. Beverly Perdue for the measure to pass 25-24.) The bigger question, however, for appeals court judges Tuesday was what happens if the lottery, which recently reached the $1 billion sales mark, is ruled unconstitutional -- specifically, what would happen to all the money already rewarded. Attorneys for the plaintiff, however, said they were only seeking to change the future of the lottery law and wasn't interested in lottery winnings since the lottery launched in March 2006. |
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CA Supreme Court turns down stem cell research case
Law Center |
2007/05/18 10:10
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| The California Supreme Court denied review of a lower court ruling Wednesday, effectively allowing the continuation of a state-sponsored program for stem cell research operated by the California Institute for Regenerative Medicine. A California state appeals court upheld the validity of the program in February, writing that it "suffers from no constitutional or other legal infirmity." Commenting on the Supreme Court's action, California Governor Arnold Schwarzenegger said: Today's action by the California Supreme Court is a victory for our state because potentially life-saving science can continue without a shadow of legal doubt. This decision reaffirms voters' will to keep California on the forefront of embryonic stem cell research. California's leadership gives the best promise of finding a cure for deadly and debilitating diseases.
The research program, known as Proposition 71, was approved in a 2004 state referendum by a 59 percent margin. The lawsuit against the program was brought by the California Family Bioethics Council and two anti-tax organizations - the People's Advocate and the National Tax Limitation Foundation. The trial court determined that the stem cell program was being administered with sufficient state control and did not violate ballot initiative or conflicts of interest rules. |
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Lawyer arrested for allegedly defrauding client
Law Center |
2007/05/16 02:36
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| A lawyer who is a former Washington County public defender was arrested Tuesday on a charge he stole $12,000 from a client, State Police said. Joseph H. Oswald, 52, of Main Street, Fort Edward was charged with a felony count of third-degree grand larceny for allegedly cashing a settlement check the client received in December and not forwarding the money to either the client or Washington County, which had placed a lien on the money to repay Medicaid expenses, police said. State Police began investigating the case after receiving information from the Washington County attorney's office indicating that the settlement money may have been improperly used. State Police Senior Investigator Thomas Aiken said the client had been hurt in a car crash, but had been on Medicaid. The county had placed a lien against the check, but never received the money despite the check being cashed in December. "They were owed compensation (by the client) but they never got it," Aiken said. "The bulk of it (the check) was supposed to go to the county, with whatever was left over going to the client." Washington County Attorney Roger Wickes was not available Wednesday morning. The arrest is the latest legal problem for Oswald, who was Washington County public defender for 3.5 years until resigning in August 2005, days before he was arrested on a bad check charge. That charge was later dropped. He was arrested last summer on a charge he burglarized a female acquaintance's home in Kingsbury, but said recently that the felony charge in that case was dropped. He also was ordered to spend 15 days in Washington County Jail last month for not paying $11,000 in child support. Oswald was free on bail Wednesday but could not be reached for comment Wednesday. The phone number listed for his law office was disconnected as of Wednesday morning.
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Connecticut high court considers same-sex marriage
Law Center |
2007/05/15 07:13
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| The Connecticut Supreme Court heard oral arguments Monday in the case of eight gay couples who are unhappy with Connecticut's civil unions law and are seeking full marriage rights. Gay & Lesbian Advocates and Defenders (GLAD) attorney Bennett Klein, representing the couples, argued that the fundamental principles of marriage are not grounded in gender, and by granting secular marriage only to heterosexual couples, the state violated equal protection laws under the Connecticut constitution. The Connecticut Attorney General's office in turn argued that a 2006 Superior Court decision was correct, and that civil unions provide same-sex couples the same benefits and protections as traditional marriages, rejecting the equal protection challenge. Currently only Massachusetts recognizes full same-sex marriage. Last month, New York Gov. Eliot Spitzer (D) introduced a bill that would legalize gay marriage in that state. |
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Supreme Court refuses to hear Enron appeal
Law Center |
2007/05/14 06:16
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| The Supreme Court refused Monday to review a former Merrill Lynch executive’s convictions for perjury and obstruction of justice in connection with fraud by the former energy giant Enron Corp. The 5th U.S. Circuit Court of Appeals threw out some convictions against James A. Brown and other Merrill Lynch executives, but sustained Brown’s perjury and obstruction convictions. The defendants were prosecuted for their role in the sham sale in 1999 of power barges anchored off the coast of Nigeria. The deal was struck to make the earnings of Enron’s energy division appear larger. The justices did not comment in denying Brown’s appeal. Federal prosecutors plan to retry Brown and the others on the counts that were overturned. |
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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 and help you redesign your existing law firm site to secure your place in the internet. |
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