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Nebraska's Ban On Corporate Farming Shot Down
Headline News | 2006/12/14 15:44

The US Court of Appeals for the Eighth Circuit ruled Wednesday that a 1982 ban on corporate farming in Nebraska is unconstitutional because it violates the dormant commerce clause. The federal appeals court upheld a lower court decision, which was appealed by the state attorney general. As described by the appeals court, the ban "prohibits corporations or syndicates (non-family-owned limited partnerships) from acquiring an interest in 'real estate used for farming or ranching in or engaging in farming or ranching,' with certain exceptions," and the court found that this "discriminates against out-of-state entities both on its face and because of its discriminatory intent."

The lower court also ruled that the corporate farming ban violated the Americans with Disabilities Act because it requires at least one member of the family who owns the farm to be involved with day-to-day physical farming activities, but the appeals court did not address this issue. Nebraska could appeal Wednesday's decision to the US Supreme Court, but in 2004 the high court refused to hear an appeal of a similar ruling from the Eighth Circuit declaring South Dakota's corporate farming law unconstitutional.



Former Enron CEO reporting to prison
Court Feed News | 2006/12/13 17:27

Former Enron CEO Jeffrey Skilling is expected to report to a minimum security federal prison in Waseca, Minnesota to begin a 24-year sentence for fraud, conspiracy and insider trading after a three-judge panel of the US Fifth Circuit Court of Appeals ruled late Tuesday against his application for bail pending appeal of his sentence. Skilling had earlier been allowed to postpone his prison date while the bail application was considered. Judge Patrick Higginbotham wrote for the court: Our review has disclosed serious frailties in Skilling's conviction..., difficulties brought by a decision of this court handed down after the jury's verdict, as well as less formidable questions regarding the giving of jury instruction on deliberate ignorance. Yet Skilling raises no substantial question that is likely to result in the reversal of his convictions on all the charged counts. We are not then persuaded that any resulting sentence will likely exceed the expected duration of his appeal.



Overriding of gun-bill veto kills local laws
Court Feed News | 2006/12/13 17:25

The Ohio Senate voted Tuesday to override outgoing Gov. Bob Taft's veto of a bill that will wipe out local gun laws, marking the first time in 29 years the legislature has rejected a gubernatorial veto.

Members of the Ohio Senate voted 21-12 Tuesday to override outgoing Ohio Governor Robert Taft's veto of a revised concealed-carry gun law that Taft claimed would preempt local gun-related legislation in some 80 Ohio communities. The House approved an override last week, making this the first time since 1977 that the Ohio legislature has successfully overcome a veto by the state's chief executive.

In his veto message last week, Taft noted that the new legislation would effectively replace several stricter local legal regimes, including assault weapons bans in Cincinnati, Cleveland, Columbus, Dayton and Toledo, and emphasized the importance of allowing local communities to make laws appropriate to their own challenges and circumstances. Supporters of the new legislation have emphasized the importance of statewide legal uniformity.

A majority of respondents to an Ohio survey said overriding local gun laws was a bad idea, according to a poll released Tuesday by the Hamden, Conn.-Quinnipiac University Polling Institute.

The vote was the first override by the legislature since lawmakers rejected a veto by Gov. James Rhodes of an election revision bill in 1977.

"The governor strongly believes his veto was the right thing to do and that our cities should have the ability to protect their citizens through reasonable firearms regulation," said Taft spokesman Mark Rickel.

The Ohio Coalition Against Gun Violence, which opposes concealed carry, accused lawmakers of giving in to the powerful and politically generous National Rifle Association.

"The passage of HB 347 and the override of Gov. Taft's veto is an appalling arrogance against the will of and respect for the people of Ohio to govern themselves," coalition Executive Director Toby Hoover said in a statement.



Judge rules US currency discriminates against blind
Court Feed News | 2006/12/13 16:49

The US Department of Justice filed an appeal Tuesday against a November 28 ruling  by US District Judge James Robertson declaring that "the Treasury Department’s failure to design and issue paper currency that is readily distinguishable to blind and visually impaired individuals violates section 504 of the Rehabilitation Act." Section 504 provides that no disabled person shall be "subjected to discrimination . . . under any program or activity conducted by any Executive agency."

Government lawyers argued in court papers that printing readily distinguishable bill denominations at the urging of the American Council of the Blind would put undue burdens on the vending machine industry and would impose significant costs on the US Bureau of Engraving and Printing, which produces American paper money. The government also argued that blind persons could already use personal readers to distinguish bills or opt to make payments by credit card instead.

The United States is the only nation of some 180 using paper currency that produces undifferentiated same-size same-color bills in all denominations. Approximately 1.3 million Americans are legally blind.



"Girls Gone Wild" Sentenced to Pay $1.6 Million
Headline News | 2006/12/13 12:49
Mantra Films, Inc., a Santa Monica, Calif. company operating as Girls Gone Wild, was sentenced today to pay $1.6 million in criminal fines for failing to create and maintain age and identity records for films it produced, Assistant Attorney General Alice S. Fisher of the Criminal Division, and U.S. Attorney Gregory Miller for the Northern District of Florida announced today.

The sentence was imposed today by U.S. District Judge Richard Smoak at the federal court in Panama City, Fla.

Mantra pleaded guilty on Sept. 12, 2006 to three counts of failing to keep the required records and seven labeling violations in connection with Mantra's production of Girls Gone Wild films containing depictions of sexually explicit conduct. Each count refers to a different film produced or distributed by Mantra. Mantra admitted that it failed to create and maintain age and identity documents for performers in sexually explicit films produced and distributed by Girls Gone Wild and failed to label their DVDs and videotapes, as required by federal law.

Joseph Francis, founder and CEO of both Mantra Films and MRA Holdings, LLC, pleaded guilty to similar offenses in U.S. District Court in Los Angeles and is scheduled to be sentenced on Jan. 22, 2007. MRA also entered into an agreement that defers prosecution of criminal charges against the company for three years, if MRA abides by an agreement with the government. The package agreement with Mantra, MRA and Francis includes a public acknowledgment of criminal wrongdoing, a pledge of cooperation with the government in future investigations, full compliance with the record keeping laws, and payment of a total of $2.1 million in fines and restitution.

The charges in this case are the first to be filed under a law passed by Congress to prevent the sexual exploitation of children. The law protects against the use of minors in the production of pornography by requiring producers to create and maintain age and identity records for every performer in sexually explicit movies and other media. Producers and distributors must then label their products with the name of the custodian of the records and their location.

Girls Gone Wild has admitted to hiring performers, and producing and distributing sexually explicit video materials during 2002 and part of 2003 while systematically violating the record keeping and labeling laws. The companies also admitted that in at least two instances in 2002 in Panama City they filmed minors in sexually explicit scenes that were included in two commercially released DVDs.

The cases are being prosecuted by Trial Attorney Sheila Phillips of the Obscenity Prosecution Task Force of the U.S. Department of Justice, U.S. Attorney Gregory Miller, and Assistant U.S. Attorney Dixie Morrow of the Northern District of Florida. The Justice Department's Obscenity Prosecution Task Force was formed to focus on the prosecution of adult obscenity nationwide. The Task Force is directed by Brent D. Ward. Investigation of the cases was conducted by Special Agent Denise Conrad of the Adult Obscenity Squad of the Federal Bureau of Investigation, which is based in Washington, D.C.



No Change in Interest Rates for the 2007
Lawyer News | 2006/12/13 11:53
The Internal Revenue Service today announced there will be no change in the interest rates for the calendar quarter beginning January 1, 2007.  The interest rates are as follows:

-  eight (8) percent for overpayments [seven (7) percent in the case of a corporation];
-  eight (8) percent for underpayments;
- ten (10) percent for large corporate underpayments; and
- five and one-half (5.5) percent for the portion of a corporate overpayment exceeding $10,000.

Under the Internal Revenue Code, the rate of interest is determined on a quarterly basis.  For taxpayers other than corporations, the overpayment and underpayment rate is the federal short-term rate plus 3 percentage points.  Generally, in the case of a corporation, the underpayment rate is the federal short-term rate plus 3 percentage points and the overpayment rate is the federal short-term rate plus 2 percentage points.  The rate for large corporate underpayments is the federal short-term rate plus 5 percentage points.  The rate on the portion of a corporate overpayment of tax exceeding $10,000 for a taxable period is the federal short-term rate plus one-half (0.5) of a percentage point.

The interest rates announced today are computed from the federal short-term rate based on daily compounding determined during October 2006.



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