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Court asks if porn law covers mainstream films
Legal Career News |
2007/10/31 11:45
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Several U.S. Supreme Court justices expressed doubt on Tuesday that a law barring child pornography could be applied to popular award-winning movies like "Lolita," "Traffic," American Beauty" and "Titanic." The justices appeared to support the pandering provision of a 2003 federal law that makes it a crime to promote, distribute or solicit material in a way intended to cause others to believe it contains child pornography. They were hearing arguments in a case brought by the Bush administration urging them to uphold the law, after a U.S. appeals court struck down that provision on the grounds the government cannot suppress lawful free speech. Bush administration lawyer Paul Clement argued that the law does not illegally infringe on free-speech or other rights guaranteed by the U.S. Constitution. He said the law does not inhibit legitimate creative expression, and drew a distinction between mainstream movies and illegal child pornography. "If you're taking a movie like 'Traffic' or 'American Beauty', which is not child pornography, and you're simply truthfully promoting it, you have nothing to worry about with this statute," Clement told the justices. "Traffic" has a scene with the high-school daughter of the nation's drug czar appearing to have sex with a drug dealer; "Lolita" portrayed a middle-aged man's obsession with a young girl; "Titanic" depicted a love affair by a young couple on a doomed ship; and "American Beauty" involved a 42-year-old man's attraction to his daughter's best friend. Chief Justice John Roberts asked the attorney who is challenging the law about the government's distinction between legitimate films and illegal child pornography. |
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Judge Extends Microsoft Timeframe
Lawyer Blog News |
2007/10/31 10:47
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federal judge in Washington, D.C., has extended the timeframe for considering several states' arguments for five additional years of oversight of Microsoft Corp.'s competitive practices, and the software maker's arguments against that extension. On Tuesday, U.S. District Judge Colleen Kollar-Kotelly also extended parts of the consent decree — part of the 2002 antitrust settlement, which is set to expire Nov. 12 — to no later than Jan. 31, 2008, to allow time to consider the arguments made by both sides. Two separate groups of states filed motions last week asking Kollar-Kotelly to monitor Microsoft through 2012. In one court filing, the states of New York, Maryland, Louisiana and Florida said they were concerned that the oversight may not have "enough traction to enhance long-term competition" among makers of computer operating systems. Kollar-Kotelly gave Microsoft until Nov. 6 to oppose the motions, a week longer than the original deadline. The judge gave the U.S. government a Nov. 9 deadline to submit an amicus brief, and said the states must file additional responses by Nov. 16. She also canceled a status hearing that was slated for Nov. 6. The antitrust settlement reached among Microsoft, the federal government and 17 states barred the software maker from certain anticompetitive behaviors and sought to keep it from using its operating system monopoly to quash competition in other types of software. |
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Suspect Pleads Guilty in Boys' Deaths
Criminal Law Updates |
2007/10/31 09:51
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A final suspect has pleaded guilty in the shooting deaths of two boys who police say were slain in a botched robbery. Deandre Witherspoon, 24, pleaded guilty Monday to second-degree murder in the killings of Orlando Herron, 13, and Darren Johnson, 11. The two were found shot in the head inside their ransacked home in February. Authorities have said the boys were the victims of a drug-related robbery of their older cousin, an admitted drug dealer who survived being shot at the home. Witherspoon, the sixth and final suspect in the case, avoided a potential life sentence by agreeing to the plea. His trial was set to begin Tuesday. He now faces 22 to 40 years when he is sentenced Nov. 12. Separate juries earlier this month returned guilty verdicts against Sonya O'Neal, 38, and Robert Reed, 36. They face mandatory sentences of life in prison when they are sentenced Wednesday. Prosecutors said Witherspoon hatched the plan to rob the boys' cousin of drugs and money, and O'Neal did the shooting. Three others have pleaded guilty. |
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Police investigate youtube court footage
Headline News |
2007/10/31 09:50
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Film footage apparently showing a man's teenage killers appearing in court has been posted on YouTube. Earlier this month, Glasgow's High Court heard that three of the youths had boasted about the killing of William Smith, 21, in a clip that was reportedly posted on the video-sharing website. Now, what appears to be more film of the youths taken during a hearing at the High Court, has also surfaced on the website. The clip, called "Gorbals" which runs for two minutes and 44 seconds, appears to show the teenagers from behind, sitting in the dock with a judge working in the background. They are made to stand up just before the video ends. It has been posted by a webuser called "chrismccann1888", and has already had more than 120 views. Mr Smith was attacked with wooden sticks and punched and kicked in Glasgow's Gorbals area on December 29 last year. He died several days later in the city's Southern General Hospital. Jason McFadden, 19, George O'Connor, 18, Iain Stevenson, 19 and Alexander Harvey, 18, admitted the culpable homicide of William Smith, 21. They were jailed for eight years. Whoever shot the film faces a potential contempt of court charge, for which the maximum sentence is two years in jail and an unlimited fine. |
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Penn Hills woman pleads guilty in Duquesne shooting
Lawyer Blog News |
2007/10/31 08:51
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A former Duquesne University student pleaded guilty Tuesday to charges that she helped her armed friends get into a school dance the night five basketball players were shot and wounded. Brittany Jones, 20, was sentenced Tuesday to two years of probation. A judge also ordered Jones to stay off the university's campus and away from anyone with a gun. Jones' attorney, James Ecker, said his client could have been sentenced to years in prison if she had not reached a plea agreement. "She's very happy, she's continuing going to church and she has a job," Ecker told The Associated Press. "She's very happy and her family's very happy." Jones was the last of four defendants to plead guilty in the September 2006 shooting in which basketball players Sam Ashaolu, Shawn James, Kojo Mensah, Aaron Jackson and Stuard Baldonado were injured. The gunman, William B. Holmes III, 19, was sentenced Friday to up to 40 years in prison. Another shooter, Derek Lee, 19, was sentenced Oct. 23 to up to 14 years in prison. The two shots fired by Lee did not hit anyone, authorities said. Jones was a member of the group that sponsored the dance, and invited a group of friends, among them Holmes and Lee, to the on-campus party. She knew some of the men were armed and asked a doorman if people attending the dance were being frisked, which they were not, authorities said. Another girl, Erica Sager, 19, who knew the two gunmen, flirted with the basketball players, sparking the fight between the two groups. Sager had pleaded no contest to a riot charge and was sentenced to probation. Allegheny County Common Pleas Judge Lawrence O'Toole on Tuesday harshly criticized Jones for inviting the gunmen to the party. Jones burst into tears and apologized for her actions after O'Toole sarcastically told her she could have also chosen to hang out with gangsters Bonnie and Clyde if they were available. Three of the players who were shot, James, Mensah and Jackson, have recovered and are expected to start this season. Ashaolu, who still has shrapnel lodged in his head, is back in school, but does not expect to return to the team until next season. Baldonado has been suspended due to several arrests this year. It is unlikely he will to return to the university. In April, he sued Duquesne University, alleging it failed to provide adequate security at the dance. |
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Hexcel Pays US $15M for Defective Bullet-Proof Vests
Lawyer Blog News |
2007/10/30 19:03
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Hexcel Corporation of Stamford, Conn., has agreed to pay the United States $15 million to resolve allegations it violated the False Claims Act in connection with its role in the manufacture and sale of defective Zylon bullet-proof vests to federal, state, local and tribal law enforcement agencies, the Justice Department announced today. As part of the agreement with the government, the manufacturer has pledged their cooperation in the government’s on-going investigation of other participants involved in the fraudulent conduct.
The United States alleges that Hexcel wove Zylon fiber supplied by Toyobo Corporation into ballistic fabric used in bullet-proof vests sold by Second Chance Body Armor; DHB Inc. and its subsidiaries, Point Blank Body Armor and Protective Apparel Corp. of America; Armor Holdings and its subsidiaries, American Body Armor and Safariland; and Gator Hawk Armor. These vests were purchased by the United States directly and by various state, local and tribal law enforcement agencies, who were reimbursed with federal funds.
The United States alleged that Hexcel knew the Zylon manufactured by Toyobo was defective and degraded quickly when exposed to heat, light, and humidity. Additionally, the government alleged the company knew Toyobo provided Hexcel with “Red Thread” Zylon, which was weaker than standard Zylon.
“These defective vests were worn by federal officers, who side by side with the Department of Justice, enforce the laws of this nation, and by state, local and tribal officers, who are on the streets every day, contributing to a safer America,” said Peter D. Keisler, Assistant Attorney General for the Civil Division and Acting Attorney General. “We will never tolerate fraud that places our first responders at risk.”
In July 2005, the Justice Department filed a complaint against Second Chance Body Armor and the Toyobo Company, seeking to recover damages relating to the sale of defective Zylon bulletproof vests to the United States. In June of this year, the government filed a lawsuit against Toyobo Co. Ltd. of Japan and its American subsidiary, Toyobo America Inc., for their roles in the manufacture and sale of defective Zylon bullet-proof vests to U.S., state, local and tribal law enforcement agencies. |
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