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Immigration Divides Romney and Giuliani
U.S. Legal News | 2007/08/15 16:32
Mitt Romney accuses former New York Mayor Rudy Giuliani of making his city a haven for illegal immigrants. Giuliani denies it, insisting he cracked down on lawlessness of every kind. It's the first real clash between two leading Republican candidates who are vulnerable on immigration, a volatile issue that infuriates Republican conservatives who hold sway over primary elections.

At issue are so-called sanctuary cities, places where city employees are not required to report illegal immigrants to federal authorities. Some, such as San Francisco, have declared themselves sanctuaries or refuges. Others, like New York, have never adopted the "sanctuary" moniker.

New York's policy, issued by Democratic Mayor Ed Koch in 1988, is intended to make illegal immigrants feel that they can report crimes, send their children to school or seek medical treatment without fear of being reported.

An estimated half-million illegal and undocumented immigrants live in New York, and only a fraction are deported each year.

"What's the best thing to do about that?" Giuliani asked in 1996. "Put them in a situation in which they keep children out of school? Put them in a situation in which they don't go to hospitals? Or put them in a situation in which they don't report crimes to the police?"

Giuliani went to court to preserve the policy, suing over a 1996 attempt by Congress to undo the city's protections. He lost, but Mayor Mike Bloomberg later issued a new, broader version of the policy that is still in effect.

In the presidential campaign, Giuliani and Romney are talking tough on immigration, even opposing the bipartisan immigration overhaul backed by President Bush. Yet their records are not necessarily tough. For example:

_Several illegal immigrants worked on Romney's lawn as employees of a lawn care company; Romney said he didn't know the company had hired illegal workers.

_As mayor, Giuliani often spoke positively about illegal immigrants: "If you come here, and you work hard, and you happen to be in an undocumented status, you're one of the people who we want in this city," he told The New York Times in 1994.

_Both Romney and Giuliani spoke favorably of 2006 legislation providing a path to citizenship for illegal immigrants; they opposed a similar bill earlier this year.

Immigration inflames conservatives in early voting states such as Iowa and South Carolina, where some argue that illegal immigrants are straining schools and hospitals, lowering wages or taking jobs from law-abiding citizens.

In Aiken, S.C., on Tuesday, Giuliani repeated a pledge to closely track immigrants with tamperproof identity cards, bolster fencing and law enforcement at the border and deport illegal immigrants who commit crimes.

Giuliani planned to highlight his support for a physical and technological fence with new radio ads beginning Wednesday in New Hampshire and Iowa. His technological fence would be a system of motion detectors, night vision monitors and video cameras.

Romney, inspecting border fencing and checkpoints Monday in San Diego, reiterated his plan to hire more Border Patrol agents, sanction employers who hire illegal immigrants and cut federal dollars for sanctuary cities.

Romney blames "don't tell" policies, and Giuliani's support for them, for luring millions of illegal immigrants to the United States.

"New York City was the poster child for sanctuary cities in the country," Romney said last week in Bettendorf, Iowa.

Giuliani's defense is that he cracked down on all crimes, including illegal immigration. "New York City had the least amount of illegality per capita of any major city in the country, and I brought that change about," he said last week in Colorado Springs, Colo.

And his campaign accused Romney of hypocrisy, pointing out that as governor of Massachusetts, Romney did not try to punish sanctuary cities _ Cambridge, Orleans and Somerville _ in his own state.

"He had three sanctuary cities in his own state," longtime Giuliani aide Randy Mastro said. "The New York City program was very different. We had a system that protected public safety by encouraging aliens to come forward to the authorities to report crimes, and then required authorities to cooperate in the investigation and prosecution of aliens who committed crimes."

Romney says he tried to curtail the problem by deputizing state police to enforce federal immigration laws.

"It was exactly in response to the fact that immigration laws were not being enforced," spokesman Kevin Madden said. "It was also in conjunction with his belief that enforcement has to be a joint state and federal effort."

Bloomberg, who may run for president himself, waded into the dispute this week. Asked Monday about the idea of New York as a sanctuary for illegal immigrants, he said, "Let 'em come."

"I can't think of any laboratory that shows better why you need a stream of immigrants than New York City," he added. "I don't know what to tell anybody. If they don't believe that immigrants add a heck of a lot more than they cost, they just aren't looking at the numbers."



Baker & McKenzie - A ‘Best Law Firm for Women’
Law Firm News | 2007/08/15 15:48


Baker & McKenzie is pleased to announce that Working Mother magazine named it one of the 2007 Working Mother & Flex-Time Lawyers Best Law Firms for Women. This recognition is the magazine’s first-of-its-kind initiative honoring trailblazers in work-life balance and women. The Firm is among fifty other law firms, selected from more than 100 applicants, recognized for its commitment to diversity and the advancement of women in the legal industry.

“We would like to thank Working Mother for this wonderful recognition, and are proud to be acknowledged for our ongoing efforts in creating and maintaining a work environment that helps our lawyers and staff balance both family and work lives,” said John Conroy, Chairman of the Executive Committee. “Baker & McKenzie has a unique multicultural heritage and commitment that embraces the importance of diversity and women in the legal industry.”

The Firm ranked ‘above average’ in five of the six criteria used to select the top law firms. These include flexibility, workforce profile, benefits and compensation, parental leave and related benefits and policies, and retention and advancement of women. The Firm ranked ‘average’ for its child care benefits.

“Since its founding, Working Mother magazine has been the champion of progressive, women-friendly changes in the workplace,” said Carol Evans, CEO, Working Mother Media. “Every year we see substantive advances in companies’ policies across the country, and we are so excited to be able to pair with Flex-Time Lawyers to celebrate change in a field that has historically struggled to support women and their life choices. I commend Baker & McKenzie for taking the lead for women lawyers.”

Some of the benefits Baker & McKenzie provides its lawyers and staff include flexible schedules; telecommuting arrangements; and paid maternity, paternity and adoption leave. These and other policies have enabled working mothers to devote time to their families while advancing a legal career. The Firm in some of its offices also celebrates a “Bring your Child to Work Day” and a “Children’s Holiday Party” each year.

Some of Baker & McKenzie’s offices have established Women’s Attorney Steering Committees to organize educational and social luncheons and other events for women attorneys. These group efforts have enabled women of the Firm to form lasting support networks that aid in the development of leadership and business development skills.

Commenting on the recognition, David Hackett, North American Managing Partner, added: “Baker & McKenzie appreciates the need to provide flexible work environments for our lawyers. Some of our lawyers work from home, some work reduced schedules, others take a year off for personal reasons but return to Baker & McKenzie on-track for partnership. They coach sports teams, volunteer at school, and contribute to their communities, while remaining successful, committed and valued lawyers at our Firm.”

The application and evaluation process for the 2007 Working Mother & Flex-Time Lawyers Best Law Firms for Women initiative was developed in a partnership by Working Mother magazine and Flex-Time Lawyers LLC and based on Working Mother’s annual 100 Best Companies.

The complete list of the 2007 Working Mother & Flex-Time Lawyers Best Law Firms for Women can be found in the August/September issue of Working Mother magazine and at www.workingmother.com and www.flextimelawyers.com.

Earlier this year, MultiCultural Law magazine named Baker & McKenzie one of the “Top 100 Law Firms for Diversity.” In 2005, the Firm was also named one of the “Top 20 Workplaces for Women in Mexico” by Mujer Ejecutiva.

http://www.bakernet.com


Mattel: 9M more Chinese-made toys recalled
Legal World News | 2007/08/15 15:32

Mattel Inc. Tuesday recalled more than 9 million toys made in China and sold in the United States, including "Polly Pocket" and "Batman" dolls and other popular figures, because of loose magnets and lead paint - its second major recall in less than a month. The move, announced by the company and the Consumer Product Safety Commission (CPSC), comes after a host of other Chinese products, from seafood and pet food to tires and toothpaste, have been recalled for safety reasons in recent months.

The toys recalled Tuesday were all made in China and posed a choking hazard or contained unsafe levels of lead, according to the CPSC. But the agency said there were no reports of injuries from the toys, which also included a "Barbie Doll and Tanner" play set and the car Sarge from the Pixar movie "Cars."

"I apologize for the situation we are all facing," Mattel Chairman and CEO Robert Eckert told CNN. "We'll continue working very hard on the standards, and if we see more issues, we'll promptly notify people."

The recall affects 9.58 million imported toys sold at toy stores, discount stores and other retailers nationwide dating back as far back as May 2003. Worldwide, Mattel said the recall includes nearly 19 million toys.

In a conference call with reporters Tuesday afternoon, Eckert said more recalls may be coming as the nation's biggest toymaker tightens its quality-control standards,

During the call, Mattel characterized the magnet problem as a design issue, and blamed a Chinese subcontractor for the presence of lead paint.

"They did not do their own due diligence," said Ed Mierzwinski, consumer program director for the consumer group U.S. PIRG."They relied on Chinese subcontractors - that doesn't cut it."

Mattel said it was recalling 72 different products, including 7.3 million "Polly Pocket" dolls and accessories, 345,000 "Batman" action figures, 253,000 "Sarge" die-cast cars, 683,000 "Barbie and Tanner" magnetic toys and 1 million "Doggie Day Care" play sets. An additional 2.4 million "Polly Pocket" play sets were recalled in November.

Retailers including Wal-Mart (down $0.02 to $43.58, Charts, Fortune 500) ordered their stores to pull the affected toys from shelves and stopping them from being sold at registers.

Tuesday's announcement marks another devastating blow for Mattel. Two weeks ago the company recalled 1.5 million toys made in China for its Fisher-Price unit due to the presence of lead. The company said the recalls would cost about $30 million.

It also followed Monday's news that the boss of a Chinese factory that produced the lead-tainted Fisher-Price toys had committed suicide.

Some 70 to 80 percent of all the toys sold in the United States are made in China, according to the CPSC. The agency estimates that hundreds of millions of toys are imported into the United States every year.

"The point is when a toy come into the U.S., it must meet U.S. safety standards," Nancy Nord, acting chairman of the CPSC, told reporters after Mattel's announcement. "What I would like to see, at the end of the day, is toys tested in China before they are imported into the U.S."

The recall is the latest development in the growing crisis over the safety of Chinese products. Chinese officials have gone out of their way to stress the safety and quality of its exports, blaming the problems on a small number of companies.

Earlier this month, China's Commerce ministry blacklisted 400 export firms following the recent product safety scares.

Mattel said consumers should stop using the affected toys immediately and contact the company for instructions about how to receive a replacement.

Mattel's launched a Web site (www.mattel.com/safety/) that includes a full list of the recalled toys. Or consumers can also visit the CPSC site to learn which "Polly Pocket", "Batman", "Sarge", "Barbie and Tanner" and "Doggie Day Care" toys are affected.



Ex-NBA Referee Pleads Guilty to Charges
Lawyer Blog News | 2007/08/15 14:38

Former referee Tim Donaghy pleaded guilty to two felony charges Wednesday in connection with the NBA betting scandal. Donaghy faces a maximum of 25 years in prison when he is sentenced for conspiracy to engage in wire fraud and transmitting waging information through interstate commerce. Donaghy provided recommendations, called "picks," to co-conspirators about what team they should bet on, said U.S. District Court Judge Carol Bagley Amon. If he was correct, they paid him.

The information was not public, the judge said. Donaghy had "unique access," including what crews would officiate at games, the interaction of different officials and players, and the physical condition of certain players.

He concealed the scheme from the NBA and other referees to avoid detection, the judge said. Donaghy also must pay a $500,000 fine and at least $30,000 in restitution.

Prosecutors said in open court that Donaghy bet on games himself; but that was not part of his plea.

The FBI first contacted the NBA on June 20 to talk about a referee alleged to be gambling on games, and the two sides met on June 21, NBA commissioner David Stern said last month. Donaghy resigned July 9 after 13 years as a referee; Stern said he would have fired him sooner but was told it might affect the investigation.

Stern blamed a "rogue, isolated criminal" for the betting scandal that threatened the credibility of every referee.

Donaghy was rated in the top tier of officials, Stern said, and there was nothing suspicious about the frequency of his foul calls. He was assigned to work in the second round of the playoffs, with his last NBA game coming during the Phoenix-San Antonio Western Conference semifinal series.

No other NBA officials or players were expected to be involved in the scandal, which Stern called the "most serious situation and worst situation that I have ever experienced either as a fan of the NBA, a lawyer for the NBA or a commissioner of the NBA."



Appeals court rules in Hanford downwinders' case
Lawyer Blog News | 2007/08/15 13:41
In a sweeping ruling Tuesday, a federal appeals court overturned a judgment in favor of a woman who had sued contractors at the Hanford nuclear reservation for causing her thyroid cancer, but opened the door for three other plaintiffs to get a new trial.

A three-judge panel of the 9th U.S. Circuit Court of Appeals in San Francisco also upheld a lower court's ruling dismissing the defendants' claims that they were immune from punishment because they were government contractors.
Since 1990, more than 2,300 people have sued over health problems they believe were caused by exposure to radioactive emissions from south-central Washington's Hanford site over the years. The downwinder cases are largely based on the release of iodine-131, a radioactive byproduct of nuclear weapons production.

A judge dismissed six of the 12 initial "bellwether" cases. In 2005, juries rejected four more during two trials. Just two people, who suffered from cancer, won damages totaling $544,759 against the government and the contractors that managed the federal site at the time.

The appeals court on Tuesday overturned the verdicts against three plaintiffs, Wanda Buckner, Shirley Carlisle and Kathryn Goldbloom, who suffer from hypothyroidism, a condition that slows the body's metabolism.

The district court erred in ruling that the plaintiff's endocrinologist could not testify that he authored articles on I-131's effect on thyroid cells, because it deprived the jury of testimony from the doctor about the extent of his expertise regarding causes of thyroid illness, the appeals court ruled.

In addition, the defendants were allowed to impeach the doctor's testimony based on inadmissible hearsay of another doctor who did not testify, the court ruled.

"We thus have no choice but to reverse the verdicts against plaintiffs Goldbloom, Carlisle, and Buckner and remand for a new trial," Chief Circuit Judge Mary M. Schroeder wrote for the panel.

The court also overturned the ruling in favor of plaintiff Gloria Wise, who was awarded $317,251, on statute of limitations grounds. However, the appeals court remanded the case to district court to determine whether Wise had the information necessary to file a claim within the three-year statute of limitations.

That particular ruling is significant because it could mean the claims of hundreds of other plaintiffs will be time-barred, said Kevin Van Wart, whose Chicago law firm represents General Electric Co., E.I. DuPont de Nemours Co. and UNC Nuclear Inc.

Richard Eymann, a plaintiffs attorney, said he did not yet know how many other clients could have their cases dismissed as a result. Despite that potential impact, Eymann called the overall ruling a victory for the downwinders.

"We're hoping that the contractors and the government will get into serious settlement negotiations with us," he said.

The federal government created Hanford in the 1940s as part of the top-secret Manhattan Project to build the atomic bomb. Contractors operated reactors and other facilities that historical documents say resulted in intentional and accidental releases of toxic chemicals and radiation.

Residents only learned of the emissions when the government declassified thousands of documents in 1986.

People in Arizona, Nevada, Utah and the Marshall Islands have received compensation for being exposed to radiation during the atomic buildup. Downwinders at the Hanford site have had a more difficult time because health studies have offered differing opinions on whether they have suffered substantial or chronic exposures that threatened their health.

Iodine-131 concentrates in the thyroid, which regulates the body's metabolism. Most of the plaintiffs have thyroid conditions, such as cancer, hypothyroidism and hyperthyroidism. To succeed at trial, plaintiffs had to prove they were “more likely than not” harmed by radioactive iodine gases released during Hanford operations.

That can be difficult to prove, in part because thyroid disorders are not caused only by exposure to radiation. The plaintiffs' had asked the court to expand the test for causation when there are potentially multiple causes, such as radiation, smoking, genetics or pregnancy.

The appeals court rejected that request.

The court rejected the companies' claims that they were immune from punishment because they were government contractors. The district court already had rejected that claim, as well as claims that the defendants could be held liable for any I-131 emissions from the Hanford facility, which the appeals court rejected as well.

The government already indemnified the contractors under the Price-Anderson Act and must pay any damage awards.

The court denied an appeal by plaintiff Shannon Rhodes, whose claims were rejected by a jury, and upheld the $227,508 award for plaintiff Steve Stanton.

The court also denied an appeal to move to state court claims by other plaintiffs who do not yet have symptoms of any thyroid disease. They had previously sued the contractors for the costs of medical monitoring, but their claims were dismissed.

Van Wart called the last ruling particularly significant because it could have potentially involved thousands of additional plaintiffs.



Lawyer hopes Bali heroin three will be spared
Lawyer Blog News | 2007/08/15 13:40

Three judges from the Denpasar District Court have advised the Supreme Court to reject a last-ditch appeal by Australian drug smugglers Matthew Norman, Si Yi Chen and Tan Duc Thanh Nguyen. But the trio's lawyer Farhat Abbas insists the Supreme Court is under no obligation to take the lower court's opinion into consideration.

A decision on the appeal, known as a judicial review, is not expected for at least several weeks. "The decision makers are the judges at the Supreme Court," Abbas said today.

"The opinion from the district court has nothing to do with the case because they can only hear it, but they cannot make a decision. "It will not affect our case." The trio launched the appeal earlier this year.

In emotional appeals to the Denpasar District Court in June, they finally admitted their roles in the failed bid to smuggle heroin from Bali into Australia.

During the hearings, defence lawyers argued they should have faced charges under drug possession laws, which carry a maximum penalty of 10 years in jail, rather than drug export laws, which allow for death.

The appeal is the trio's final bid to beat the death penalty, other than an appeal to Indonesia's president for clemency.

Three other Australians facing the death penalty over the plot - Scott Rush, 21, and ringleaders Andrew Chan, 23, and Myuran Sukumaran, 26 - have also launched challenges, arguing Indonesia's Constitutional Court should scrap the death penalty because the nation's constitution affords life as a basic right. The case is due to resume in Jakarta next week, with a decision some weeks away.

Meanwhile, there could also be some movement in the cases of the remaining three members of the Bali Nine who are not facing death. Lawyers for Michael Czugaj, 22, and Martin Stephens, 31, said they would soon make a decision on whether to launch a final appeal against their life sentences.

"Next week I'm going to meet (Stephens's) family in Bali, and I'm going to see the situation for the judicial review," his lawyer Wirawan Adnan said. Czugaj's lawyer Frans Passar also confirmed his client was also weighing an appeal.

The only female in the group, Renae Lawrence, has ruled out an appeal against her 20-year term, but could have her sentence shaved by one or two months to mark Indonesia's Independence Day holiday on Friday.

Under the Indonesian system, all prisoners are eligible for remission on Independence Day and some religious holidays, if they have served at least six months of their sentence and are not sentenced to either life in prison or death.



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