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ACLU issues travel warnings to Arizona
Legal Career News | 2010/07/02 16:23

The nation's top civil liberties group on Wednesday issued travel alerts for Arizona, saying the state's new law cracking down on illegal immigrants could lead to racial profiling and warrantless arrests.

American Civil Liberties Union affiliates in Arizona, New Mexico and 26 other states put out the warnings in advance of the Fourth of July weekend. The Arizona chapter has received reports that law enforcement officers are already targeting some people even though the law doesn't take effect until July 29, its executive director said.

The alerts are designed to teach people about their rights if police stop and question them.

The Arizona law requires police, while enforcing other laws, to question a person's immigration status if officers have a reasonable suspicion that the person is in the country illegally. It also makes it a state crime for legal immigrants to not carry their immigration documents and bans day laborers and people who seek their services from blocking traffic on streets.

Attorneys defending the law against constitutional challenges filed by the ACLU and others argue that the Legislature amended it to strengthen restrictions against using race as the basis for questioning by police. Five lawsuits are pending in federal court, and the U.S. Justice Department is believed to be preparing a legal challenge.



Ex-UFC fighter War Machine gets year in jail
Criminal Law Updates | 2010/07/02 16:15

Ultimate Fighting Championship competitor War Machine has been sentenced to a year in jail for violating probation after he assaulted people at two San Diego bars.

War Machine pleaded guilty Thursday to two felony counts of assault and to violating probation in a previous assault case. He has a professional fight scheduled for July 9 and was ordered to surrender for jail a week later.

Prosecutors say the 28-year-old fighter knocked away some bottles and glasses on a bar, cutting a bartender. He also got into a scuffle and punched a security guard.

His attorney says an acquaintance started one of the fights but War Machine failed to stop it. The fighter legally changed his name from Jon Koppenhaver.



Obama: Fix 'a broken immigration system'
U.S. Legal News | 2010/07/01 15:46

President Obama today called for a "practical, common sense" immigration system that will help the U.S. economy and maintain the steady flow of immigrants who have always enriched the United States.

"Such an approach demands accountability from everybody," Obama said during his first major immigration speech as president.

Obama said his administration has already taken record-setting actions to strengthen the border, and also urged Congress to approve "a pathway to legal status" for the 11 million or so illegal immigrants who are already here.

Speaking to lawmakers, academics, and community leaders gathered at American University, Obama stressed the contributions that immigrants have made and the discrimination they faced throughout U.S. history. "Immigrants have always helped to build and defend this country," Obama said.

Immigration has become "a source of fresh contention" in recent says because of new Arizona law that gives police greater authority to question people's citizenship, Obama said in his first major immigration speech as president. His administration is expected to file a lawsuit against Arizona, but the president did not discuss that plan.



Court rejects Pfizer appeal of Nigerians' lawsuits
Legal World News | 2010/07/01 10:49

The Supreme Court is staying out of a dispute between Nigerian families and Pfizer, Inc., over the drug maker's use of a new antibiotic on children during a deadly outbreak of meningitis in the mid-1990s.

The justices on Tuesday rejected the pharmaceutical giant's appeal of a court ruling that allowed the lawsuits filed by the Nigerians in U.S. courts to go forward. The families allege that Pfizer violated international law against involuntary medical experimentation when it tested the drug, Trovan. The company failed to get the informed consent of the children or their parents, or to tell them that the drug had not been approved for use in children, the lawsuits say.

The lawsuits say the two-week experiment on 200 sick children led to 11 deaths and left many others blind, paralyzed or brain-damaged. Pfizer denies all the allegations and claims the survival rate for children who took Trovan exceeded the survival rate of those who did not take part in the study.

At issue was whether the Nigerians can sue under the Alien Tort Statute, an 18th century law that allows foreigners to sue in U.S. courts over international law violations. The 2nd U.S. Circuit Court of Appeals in New York said they can.



Gun rights, campaign spending top high court term
Legal Career News | 2010/07/01 09:49

Two conservative-driven decisions with potentially broad consequences will likely define the just-completed Supreme Court term: freeing corporations and unions to spend as much as they like in campaigns for Congress and president, and ruling that Americans have a right to a gun for self-defense wherever they live.

A key member of the five-justice majorities in both cases, and the author of the guns opinion, was Justice Samuel Alito. Though he has been on the court less than five years, Alito has had an outsize influence in firming up the court's conservative bloc.

His appointment to replace the more moderate Sandra Day O'Connor, more than any other choice in the last decade shows the importance of Supreme Court nominations. It also points up that Elena Kagan's nomination to take the place of the like-minded John Paul Stevens almost certainly will not have the same short-term impact as Alito has had.



Court lets Vatican-sex abuse lawsuit move forward
Lawyer Blog News | 2010/07/01 08:54

The Supreme Court won't stop a lawsuit that accuses the Vatican of transferring a priest from city to city despite repeated accusations of sexual abuse.

The high court on Monday refused to hear an appeal from the Holy See, the legal name for the Vatican.

The Vatican wanted the federal courts to throw out the lawsuit that seeks to hold the Roman Catholic Church responsible for moving the Rev. Andrew Ronan from Ireland to Chicago to Portland despite the sex abuse accusations.

Sovereign immunity laws hold that a sovereign state — including the Vatican — is generally immune from lawsuits.

But lower federal courts have ruled in this case that there could be an exception to the Foreign Sovereign Immunity Act that could affect the Vatican. A judge ruled there was enough of a connection between the Vatican and Ronan for him to be considered a Vatican employee under Oregon law, and that ruling was upheld by the 9th U.S. Circuit Court of Appeals in Sacramento.

According to court documents, Ronan began abusing boys in the mid-1950s as a priest in the Archdiocese of Armagh, Ireland. He was transferred to Chicago, where he admitted to abusing three boys at St. Philip's High School.

Ronan was later moved to St. Albert's Church in Portland, Ore., where he was accused of abusing the person who filed the lawsuit now under appeal. Ronan died in 1992.



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