Lawyer News
Today's Date: U.S. Attorney News Feed
Court Strikes Down Key Patriot Act Power Again
Lawyer Blog News | 2007/09/07 13:53

A U.S. District Court struck down a key provision of the Patriot Act as unconstitutional Thursday, marking the second time that a provision which allows anti-terrorism investigators to write their own subpoenas for phone and internet records and require the recipients to never speak of them violated the First Amendment.  The ruling (.pdf) strikes yet another blow at the FBI's use of National Security Letters, which were used to issue 143,074 requests for phone and internet records from 2003 to 2005, and as a recent Inspector General report showed, the widespread use led to abuses and sloppiness. Early this year, a damning report by the Justice Department's Inspector General found that the FBI used NSLs in violation of applicable NSL statutes, Attorney General guidelines and internal FBI policies. The FBI, along with the Inspector General, are now criminally investigating an office that sent more than 700 emergency letters, with false statements in them, to phone companies.

The ACLU sued on behalf of an anonymous internet service provider, which was served an NSL about one of the websites it hosted.  The ISP contested the order, which the FBI subsequently dropped, but the ISP remains unable to even acknowledge that it got a request, and the company's president said he's been forced to lie to his friends and girlfriend about it.

Judge Victor Marrero of the Southern District of New York ruled that the gag order and the strict rules about how to contest them amounted to prior restraint on speech and allowed the FBI to pick and choose which persons would be gagged, based on whether the feds believed the target might speak critically of the government.  Judge Marrero found, in a 106 page opinion, that the gag order provisions couldn't be struck down without affecting the rest of the statute so he found that the entire NSL provision was unconstitutional.  He also stuck down a provision that prescribed the standards courts should use in judging the FBI's arguments for keeping gag orders.  Marrero wrote that Congress had overstepped its bounds in setting out those standards.



Appeals court again rules against Mojave cross
Lawyer Blog News | 2007/09/07 13:51
A federal appeals court on Thursday invalidated a land-exchange that sought to preserve an 8-foot tall cross in the Mojave National Preserve. The Christian symbol has been at the center of a long-running legal battle, reaching the appeals court three times. It also was the subject of language inserted in a defense appropriations bill that transferred government ownership of an acre of land to the Veterans of Foreign Wars in an effort to end government sponsorship of religious symbols on public land. The VFW said the cross was memorial for World War I veterans.

But the ruling by the 9th U.S. District Court of Appeals on Thursday upheld a lower court's ruling that said the land transfer was a sham. The appeals court had ruled before the land transfer that the cross was unconstitutional.

Judge M. Margaret McKeown, writing for the unanimous three-judge panel, said that "carving out a tiny parcel of property in the midst of this vast preserve—like a donut hole with the cross atop it—will do nothing to minimize the impermissible governmental endorsement" of the religious symbol.

Peter Eliasberg, an attorney with the ACLU, said his organization sued to remove the cross from its remote resting place outside Barstow because it was clearly a religious item being supported by the federal government.

"I hope this stops the litigation and the waste of taxpayers money," Eliasberg said.



Law firm wants school district to pay $1.8M
Headline News | 2007/09/07 12:53

The law firm that represented parents in their case against Seattle Public Schools' race-based admissions policy before the U.S. Supreme Court is seeking nearly $1.8 million in fees from the school district. The Supreme Court ruled 5-4 in June that the policy, which used race as one of several "tiebreakers" in deciding who gets into popular high schools, was unconstitutional.

Justice Anthony Kennedy, who voted with the majority, said in a separate opinion supporting his decision that racial balance is a worthy goal for school districts and that districts can use other methods to achieve it.

That opinion has both the district and the parent group, Parents Involved in Community Schools, declaring victory. It's one reason the district, which spent about $434,000 on its portion of the seven-year battle, doesn't believe it should have to pay the plaintiffs' fees.

Technically, the parents group still has to get a U.S. district judge to declare them the "prevailing party," said Seattle Public Schools attorney Shannon McMinimee.

McMinimee says it's "disingenuous" for the law firm, Davis Wright Tremaine, to go after money when the firm took the case pro bono. But firm spokesman Mark Usellis said "pro bono" means their clients don't have to pay.

"The thing that's really important to us in a civil-rights case is that Congress specifically and explicitly wrote into the law that if the government is found to have violated citizens' civil rights, then the prevailing party should seek fee recovery," he said.

Most governments can argue, as Seattle Public Schools is, that they don't have much money. But going after the fees helps deter other government bodies from violating civil rights, Usellis said.

The parents who sued the district in 2000 did not seek damages but asked the court to force Seattle to stop using the race-based tiebreaker that prevented their children, who are white, from attending Ballard High School. The district did, in 2002, but continued to fight for the policy in court, eventually making it all the way to the U.S. Supreme Court last year.

The 9th U.S. Circuit Court of Appeals will decide whether to award the fees to the firm. If the firm wins, the fees likely wouldn't be covered by the district's insurance carrier, McMinimee said. So the money would have to come out of the district's $490 million general-fund budget.



Pakistan court orders arrest of leader's brother
Legal World News | 2007/09/07 12:49
A Pakistani court ordered the arrest on Friday of an exiled brother of former prime minister Nawaz Sharif, both of whom aim to return home next week to mount a campaign to end embattled President Pervez Musharraf's rule.

Authorities have rounded up hundreds of supporters of two-time prime minister Nawaz Sharif and his politician brother, Shahbaz, apparently in the hope of thwarting big welcome rallies if and when the two end seven years of exile on Monday.

The return of the prime minister he ousted in 1999 is a serious challenge for Musharraf, whose popularity has been sliding as he prepares to try to get re-elected by the national and provincial assemblies between September 15 and October 15.

He aims to hold a general election around the year-end.

"There's complete panic in government ranks," said a spokesman for Sharif, Ahsan Iqbal.

With political tension rising, a senior U.S. official arrived to prepare for a scheduled "strategic dialogue" session next week. U.S. Assistant Secretary of State Richard Boucher is likely to meet Musharraf for talks.

The United States is keen to ensure nuclear-armed Pakistan sustain efforts in the global war on terrorism and has been encouraging army chief Musharraf to work with liberal-minded former prime minister Benazir Bhutto.

Musharraf has been negotiating with Bhutto on a package of proposals that would likely see Musharraf quitting his post as army chief to become a civilian president, and Bhutto being cleared of corruption charges and coming back for elections.



New York law firm hired in Conecuh landfill fight
Headline News | 2007/09/07 10:57

A grassroots organization formed to fight a proposed 5,100-acre landfill in Conecuh County has hired Robert F. Kennedy Jr.'s law firm, which specializes in environmental cases, Kennedy's law partner said Thursday. Word that Kennedy & Madonna agreed to work with the opposition came a week after Conecuh County commissioners stepped out of an executive session and voted to ask state legislators to include the landfill issue on the primary ballot in February.

"This one is a complex case," said Kevin Madonna, "We do a lot of cases involving communities where industry has done harm to drinking water supplies. This case is a chance to protect the community before damage is incurred."


Madonna said the large landfill proposed for the rural community in Conecuh is "a classic case of an out-of-state corporate interest bringing garbage in from out of state and dumping it on the people there, taking the money and running. It is a fundamentally unfair situation for the people there."

Phillip Kinney, who works for the public relations firm Matrix in Montgomery, is a spokesman for Conecuh Woods whose principals are based in the Tampa Bay, Fla., area. He disagreed with Madonna's characterization of the project.

"Conecuh Woods is not an out-of-state corporation," Kinney said, "it is an Alabama LLC, which was incorporated by Jimmy Stone and David Kirby. No other corporation or individuals have any interest in Conecuh Woods."

Kinney said that Conecuh Woods will be a "state-of-the-art economic development project" generating construction jobs, permanent jobs and revenue for Conecuh County. The money could be used to pave roads and help provide emergency services and programs for children and seniors, he said.

Developers have said the project could bring more than $250 million over more than 60 years and would provide about 15 jobs.

Controversy began in Conecuh and surrounding counties even before the landfill developers made a proposal. Several municipal governments and the Monroe and Escambia county commissions passed resolutions urging the Conecuh commission to refuse the landfill.

Though the commission voted in January against the project, that vote was not binding.

Once the developers make formal application, the County Commission can vote yes or no after a public hearing. If the commission takes no action, the landfill is automatically approved after 90 days.

Commissioners said the outcome of the referendum would not be binding.

Johnny Andrews, president of the citizen's group, said he was satisfied that the majority of Conecuh people oppose the landfill.

"I was startled the commissioners would ask for this to be on the ballot," Andrews said. "Why waste taxpayers' money when it is clear to everyone most people are against it?"

Madonna said his firm was "evaluating our options with respect to the commission's decision to place the issue on the ballot."

Kinney said Conecuh Woods considered the request for a vote to be good news. "Conecuh Woods applauds the county commissioners' decision to let the voters have a voice in their future and we look forward to the opportunity to speak directly to the citizens of Conecuh County."



Hyundai chief given suspended sentence
Legal World News | 2007/09/06 15:32

Hyundai Motor Group chief Chung Mong-koo had his three-year jail sentence for fraud suspended by a South Korean appeals court on Thursday, leaving him free to run the world's sixth largest auto maker. The decision not to jail South Korea's second-richest man eliminated concerns over a management vacuum at the company, which is facing a slowdown in overseas sales and increasing competition.

But the ruling could also revive a long-held debate on South Korea's powerful and controversial "chaebol" -- the family-run conglomerates which opponents say have been given special treatment owing to their importance to Asia's fourth-largest economy.

"Hyundai Motor is the top enterprise because of its ripple effect on the whole economy. The accused, Chung Mong-koo, is a symbol of Hyundai Motor and our country's automobile industry," Lee Jae-hong, the presiding judge at the Seoul High Court, said while handing down the sentence.

"I did ask many people, including restaurant waiters, taxi drivers and reporters. The ordinary people leaned toward a suspended sentence," he said. "That means the accused should work hard."

Hyundai Motor shares rose as much as 2.2 percent on the ruling and closed 0.6 percent higher. The broader KOSPI (.KS11: Quote, Profile, Research) ended up 1.2 percent.

Instead of a jail term, Chung was asked to pay an 840 billion won ($894.9 million) donation, previously pledged by the family, to deliver speeches about transparent management and to write essays about governance to be published in domestic media.



[PREV] [1] ..[1055][1056][1057][1058][1059][1060][1061][1062][1063].. [1271] [NEXT]
   Lawyer News Menu
All
Lawyer Blog News
Court Feed News
Business Law Info
Class Action News
Criminal Law Updates
Employment Law
U.S. Legal News
Legal Career News
Headline News
Law & Politics
Attorney Blogs
Lawyer News
Law Firm Press
Law Firm News
Attorneys News
Legal World News
2008 Metrolink Crash
   Lawyer News Video
   Recent Lawyer News Updates
Trump asks the Supreme Court..
Rudy Giuliani is in contempt..
Small businesses brace thems..
Appeals court overturns ex-4..
Luigi Mangione pleads not gu..
Amazon workers strike at mul..
TikTok asks Supreme Court to..
Supreme Court rejects Wiscon..
US inflation ticked up last ..
Court seems reluctant to blo..
Harvey Weinstein hospitalize..
Romanian court orders a reco..
Illinois court orders pretri..
New Hampshire courts hear 2 ..
PA high court orders countie..
Tight US House races in Cali..
Election 2024 highlights: Re..
North Carolina Attorney Gene..
Republicans take Senate majo..
Au pair charged in double ho..
   Lawyer & Law Firm Links
St. Louis Missouri Criminal Defense Lawyer
St. Charles DUI Attorney
www.lynchlawonline.com
Family Law in East Greenwich, RI
Divorce Lawyer - Erica S. Janton
www.jantonfamilylaw.com/about
San Francisco Trademark Lawyer
San Francisco Copyright Lawyer
www.onulawfirm.com
Raleigh, NC Business Lawyer
www.rothlawgroup.com
Oregon DUI Law Attorney
Eugene DUI Lawyer. Criminal Defense Law
www.mjmlawoffice.com
New York Adoption Lawyers
New York Foster Care Lawyers
Adoption Pre-Certification
www.lawrsm.com
Legal Document Services in Los Angeles, CA
Best Legal Document Preparation
www.tllsg.com
Connecticut Special Education Lawyer
www.fortelawgroup.com
Family Lawyer Rockville Maryland
Divorce lawyer rockville
familylawyersmd.com
© Lawyer News - Law Firm News & Press Releases. All rights reserved.

Attorney News- Find the latest lawyer and law firm news and information. We provide information that surround the activities and careers in the legal industry. We promote legal services, law firms, attorneys as well as news in the legal industry. Review tips and up to date legal news. With up to date legal articles leading the way as a top resource for attorneys and legal practitioners. | Affordable Law Firm Website Design