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US court to review accounting oversight board case
Business Law Info |
2009/05/19 16:10
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The Supreme Court said on Monday it would decide a constitutional challenge to the 2002 law that created a national board to oversee U.S. public company auditors. The justices agreed to review a ruling by a U.S. appeals court that upheld the Sarbanes-Oxley Act of 2002, which set up the private sector Public Company Accounting Oversight Board. A conservative activist group called the Free Enterprise Fund and a small Nevada accounting firm appealed to the Supreme Court in arguing that the law violated constitutional requirements on separation of powers because it failed to allow adequate control of the board by the U.S. president. The board polices the U.S. audit industry, including the Big Four firms that review the books of major corporations: Ernst & Young LLP, KPMG, PricewaterhouseCoopers and Deloitte & Touche LLP. A board spokeswoman said: "We remain confident that the PCAOB's structure is constitutional and look forward to our opportunity to demonstrate that in the Supreme Court." |
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Liberals hope to win after string of court losses
Lawyer Blog News |
2009/05/19 16:09
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The men and women who gather around a table at the Leadership Conference on Civil Rights on Friday mornings have ample experience fighting Supreme Court confirmation battles. Now they're hoping to win one.
Already, they're combing through the records of potential nominees, although not, as was the case with Chief Justice John Roberts and Justice Samuel Alito, in search of a way to derail confirmation.
Encouraged by the White House, they're trying to anticipate a selection, build the case for approval and be ready to deflect the attacks from conservatives already beginning. "It's thrilling to be able to promote great judicial candidates," says Nan Aron, president of the Alliance For Justice, looking ahead to a selection by President Barack Obama that may come as early as this week or next. Added Janet Murguia, the president of the National Council of La Raza, "We're all poised to support and mobilize for an excellent nominee." Not that the liberal-leaning groups aren't trying to nudge Obama in one direction or another. While there is a general assumption that he will select a woman and a supporter of abortion rights, Latino leaders recently sent a list of more than 80 Hispanic judges to the White House, a not-too-subtle prod to the president. |
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High court won't delay trial of ex-Rep. Jefferson
Legal Career News |
2009/05/19 10:10
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The Supreme Court refused Monday to delay the upcoming trial of former Louisiana Rep. William Jefferson on bribery and other charges.
The former Democratic congressman has argued that prosecutors trampled on his constitutional privileges as a lawmaker. But the high court refused to hear Jefferson's appeal to throw out the indictment against him.
Jefferson was indicted in 2007 on multiple counts, including soliciting bribes and racketeering. Investigators raided Jefferson's home and found $90,000 in cash stuffed in a freezer. A federal judge has set a June 2 trial date in Alexandria, Va. Jefferson represented parts of New Orleans in Congress, but lost his re-election last year to Republican Rep. Anh "Joseph" Cao. Last year, a three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond, Va., rejected Jefferson's claims that a federal grand jury received evidence that violated his constitutional right to legislative immunity. |
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High court to rule in Pennsylvania death case
Legal Career News |
2009/05/18 16:27
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The Supreme Court agreed Monday to consider reinstating the death sentence for a convicted murderer who twice escaped from prison after being found guilty of bludgeoning and drowning a man who was planning to testify against him.
The justices said they will hear an appeal filed by prosecutors in Pennsylvania after the federal appeals court in Philadelphia upheld a lower court order throwing out the death sentence against Joseph Kindler for killing one-time accomplice David Bernstein in 1982.
The 3rd U.S. Circuit Court of Appeals said Kindler's lawyer was ineffective at the sentencing phase of his trial and also found problems with the instructions given to the jury. State courts had never decided on Kindler's claims. Instead, those courts said Kindler forfeited the right to be heard on those issues because of his escapes. Bernstein agreed to testify against Kindler about their roles in robbing a store. Kindler beat Bernstein with a baseball bat and an accomplice jabbed him with an electric prod. The two men dumped Bernstein in the Delaware River, but after discovering he was still alive, they managed to fill his lungs with water and tied a cinder block around his neck. |
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Court refuses to hear medical marijuana challenges
Court Feed News |
2009/05/18 16:25
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The Supreme Court won't hear another challenge to California's decade-old law permitting marijuana use for medical purposes.
The high court on Monday refused to hear appeals from San Diego and San Bernardino counties, which say the justices have never directly ruled on whether California's law trumps the federal controlled substances laws.
Supporters say marijuana helps chronically ill patients relieve pain. Critics say the drug has no medical benefit and all use should be illegal. San Diego supervisors had sued to overturn the state law after it was approved by voters in 1996, but lower courts have ruled against them. San Diego and San Bernardino counties argued that issuing identification cards to eligible users, as required by the 1996 state law, would violate federal law, which does not recognize the state measure. A federal appeals court ruled that ID card laws "do not pose a significant impediment" to the federal Controlled Substances Act because that law is designed to "combat recreational drug use, not to regulate a state's medical practices." The cases are County of San Bernardino v. California, 08-897 and County of San Diego v. San Diego NORML, 08-887. |
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Court will review Black's fraud conviction
Lawyer Blog News |
2009/05/18 16:24
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The Supreme Court agreed Monday to consider media executive Conrad Black's appeal of his fraud conviction. Black is serving a 6 1/2 year prison term.
The justices will hear arguments later this year over the convictions of Black, the former chairman and chief executive of the Hollinger International media company, and two other former executives in connection with payments of $5.5 million they received from a Hollinger subsidiary.
The men argued that they did not commit fraud because they did no harm to the company. The 7th U.S. Circuit Court of Appeals in Chicago upheld the convictions, but the nation's appeals courts are divided on the central issue undergirding their convictions. At issue is the reach of a federal fraud statute that was originally aimed at prosecuting public officials. Black and former executives John A. Boultbee and Mark S. Kipnis argue that the $5.5 million actually represented management fees that the subsidiary owed to the executives. Hollinger once owned the Chicago Sun-Times, the Daily Telegraph of London, the Jerusalem Post and hundreds of community papers across the United States and Canada. All of Hollinger's big papers except the Sun-Times have now been sold and the company that emerged changed its name to Sun-Times Media Group. Black, a member of the British House of Lords, has so far served more than a year of his sentence at the federal prison in Coleman, Fla. He had asked President George W. Bush for a pardon before Bush left office in January. |
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