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Judge says he'll stay suspensions if Vikes appeal
Legal Career News |
2010/05/22 22:53
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A Minnesota judge ruled Friday that he will keep the suspensions of two Minnesota Vikings on hold if they follow through on their plan to file an appeal in their closely watched fight against the NFL's anti-drug policy. An attorney for defensive tackles Kevin Williams and Pat Williams said he planned to file that appeal later Friday. "As a matter of fairness and as a matter of law, we are convinced the NFL cannot and will not be allowed to suspend Kevin and Pat," attorney Peter Ginsberg said. The NFL first tried to suspend the Williamses, who are not related, in 2008 after they tested positive for a banned diuretic that was in the StarCaps weight-loss supplement they were taking. The ingredient, bumetanide, can mask the presence of steroids. The Williamses were not accused of taking steroids and said they didn't know the diuretic was in the supplement. The players sued the NFL in state court, saying it violated state labor law. Their four-game suspensions have been on hold while the case has been playing out in state and federal courts. The Williamses were allowed to play and they helped the Vikings reach the NFC title game in January. Hennepin County District Court Judge Gary Larson ruled earlier this month that the NFL broke state law when it failed to notify the two players of their test results within the mandated three days. He said an NFL official played "a game of 'gotcha'" with them, but he also ruled the NFL could suspend the players because neither was harmed by the notification delay.
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Elena Kagan's writings suggest judge's proper role
Lawyer Blog News |
2010/05/22 22:52
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Elena Kagan, a Supreme Court nominee without judicial experience, has suggested in writings and speeches over a quarter-century that when judges make decisions, they must take account of their values and experience and consider politics and policy, rather than act as robotic umpires. Not since 1972 has a president picked someone for the high court who hasn't been a judge. So what the 50-year-old Kagan has said about judging might be the best indicator of the kind of justice she would be. Republicans have said that because Kagan hasn't left a trail of judicial opinions, they will pore over her records as a Clinton White House aide and academic for any clues. Her speeches and papers from her time as dean of the Harvard Law School and, before that as a law professor and graduate student, are certain to get close attention at her confirmation hearing in late June. Her words stand in contrast to the more technical view of judging voiced by Chief Justice John Roberts at his confirmation hearing five years ago. Roberts said he considered himself an umpire merely calling balls and strikes. Kagan apparently has never directly addressed Roberts' comments. Republicans have held his description of the job as a model of judicial restraint and used it to criticize President Barack Obama for what they call his support of judicial activism — judges imposing their own views on the law.
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Veterans finding service record helps in court
Court Feed News |
2010/05/22 17:52
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Courts are increasingly relying on military service records in deciding sentences for veterans accused of crimes. Since 2008, 31 so-called veterans courts have been established to exclusively handle the criminal cases of veterans. Veterans in those courts are typically sentenced to probation and counseling rather than prison and must stay clean and sober. There's debate over whether such special treatment is fair. And even the supporters disagree over what crimes committed by veterans who suffer from post traumatic syndrome, severe brain injuries and other service-related maladies should qualify for leniency.
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Appeals court rules against Bagram detainees
Lawyer Blog News |
2010/05/21 16:24
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A federal appeals court says the civilian courts do not have authority to hear the cases of three detainees imprisoned at Bagram Air Force Base in Afghanistan. The detainees had petitioned the courts seeking to be freed. The jurisdiction of the U.S. courts does not extend to foreigners held in the Bagram facility in the Afghan theater of war, three appeals court judges said in a unanimous decision. The appeals judges said a U.S. district judge should have thrown out the detainees' petitions. The ruling noted that the U.S. is holding the detainees through a cooperative arrangement with Afghanistan on Afghan territory. "While we cannot say that extending our constitutional protections to the detainees would be in any way disruptive of that relationship, neither can we say with certainty what the reaction of the Afghan government would be," said the opinion written by Judge David Sentelle.
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Maine Sen. Snowe lauds high court nominee Kagan
U.S. Legal News |
2010/05/21 16:24
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Supreme Court nominee Elena Kagan criticized a campaign finance ruling in a case she argued for the Obama administration and considers abortion rights to be settled law, according to a GOP senator who met with her Thursday. Maine Sen. Olympia Snowe, asked whether Republicans could support Kagan, said the nominee "certainly has the qualifications, and certainly has, I think, the balance in her approach — at least so far — but I'd like to wait and see." In their private meeting, Kagan stressed the importance of judicial restraint and deference to Congress by the high court, and discussed abortion rights, Snowe said. The senator was one of seven Republicans who joined Democrats last year in voting to confirm Kagan as solicitor general, the top government lawyer who argues the administration's cases before the Supreme Court. Abortion rights supporters are concerned about a memo Kagan wrote as a White House aide in 1997 urging President Bill Clinton to back a ban on late-term abortions. Senators also are awaiting another 160,000 pages of documents from Kagan's tenure on the Clinton White House staff that are being organized for release at the Clinton presidential library in Little Rock, Ark. Republicans have complained that they aren't likely to come in time for thorough scrutiny before confirmation hearings begin June 28.
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Woman to be sentenced in Elizabeth Smart case
Court Feed News |
2010/05/21 13:25
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State and federal judges on Friday are expected to order prison sentences for the woman who has pleaded guilty to kidnapping in the 2002 abduction of Elizabeth Smart. Wanda Eileen Barzee is set for back-to-back sentencing hearings in U.S. District Court and Utah's 3rd District Court. The 64-year-old Barzee pleaded guilty to a federal kidnapping charge in November. In February, Barzee also pleaded guilty but mentally ill in state court to a second-degree felony conspiracy charge for the attempted kidnapping of one of Smart's cousins. As part of her plea agreements, Barzee has agreed to testify in pending state and federal cases against her now-estranged husband, Brian David Mitchell. Smart was 14 in 2002 when she was kidnapped at knifepoint from her bedroom.
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