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Court turns down appeal in sealed case
Lawyer Blog News | 2008/11/10 18:39
The Supreme Court has turned aside a legal newspaper publisher's challenge to court decisions sealing an entire case from public view.

The justices did not comment Monday on their order denying the appeal of The New York Law Publishing Company. It had sought access to a case that involved a woman who claimed her employer fired her because she had an abortion.

The 3rd U.S. Circuit Court of Appeals in Philadelphia upheld a trial judge's decision to seal the case. The woman, identified only as Jane Doe in limited court filings that have been made public, has since settled the case with her employer. That may have affected the high court's decision.

The Reporters Committee for Freedom of the Press and 29 media organizations asked the justices to take the case.



Neb. officials reviewing affirmative action ban
U.S. Legal News | 2008/11/07 17:31
At Southeast Community College, Jose J. Soto may have to change his title: vice president of affirmative action.

Nebraska's educational institutions, cities and counties are beginning to scour their programs to see if they violate a ban on affirmative action approved this week by voters.

The ban might force Southeast Community College to cease or change its partnership with a national association that promotes equity for women in community colleges, Soto said. And a program designed to boost female enrollment in technology classes may have to be dropped.

At the University of Nebraska, administrators are expected to review a wide range of programs and policies aimed at boosting diversity — including a math camp for high school girls, Native American Day, the recruitment of foreign students and a law college policy that uses race as a factor in deciding which students to admit.

"We know we need to look at programs where race or gender or national origin are involved," university President J.B. Milliken said.

The Nebraska constitutional amendment prohibits public agencies from giving preferential treatment on the basis of race, sex or ethnicity when hiring and performing such tasks as awarding contracts and granting scholarships.

The ban passed with almost 58 percent of the vote. A similar measure was on the ballot in Colorado, but the vote remained too close to call Thursday.



Mass. scrambling to adapt to marijuana initiative
Lawyer Blog News | 2008/11/07 14:32
After Massachusetts voted to decriminalize possession of small amounts of marijuana, top law enforcement officials are scrambling to figure out what they need to do to put the law into effect — despite their efforts to defeat it at the polls.

Attorney General Martha Coakley, who joined all 11 of the state's district attorneys in opposing the ballot question, said Wednesday she was working to determine exactly what it will require the legal system to do.

"Question 2's passage not only authorizes the decriminalization of small amounts of marijuana, but also establishes a parallel civil regulatory structure that does not currently exist," Coakley said in a written statement. "At this time, we are reviewing all of the implications of the new law and whether further clarification or guidance is needed."

Massachusetts becomes the 12th state in the country to decriminalize possession of small amounts of marijuana. The measure passed Tuesday with 65 percent of voters supporting it and 35 percent opposed.

Under the state constitution, a ballot question approved by voters becomes law 30 days after an election.

The courts have defined the end of an election as the date on which the Governor's Council certifies voting results. That typically happens during the last week of November or the first week of December.

Until the new law takes effect, marijuana possession will still be considered a crime, Coakley warned.

Possession of small amounts of marijuana in the state is now punishable by up to 6 months in jail and a $500 fine.



Scandaglia & Ryan Welcomes First Year Associate René Hertsberg
Law Firm News | 2008/11/06 22:03

Scandaglia & Ryan welcomes First Year Associate René Hertsberg to the firm.  Mr. Hertsberg joined S&R after receiving a J.D., cum laude, from Emory University School of Law in May 2008.  He has experience representing clients in commercial and patent litigation as well as personal injury defense.  Prior to joining the firm, he served as a legal intern at Schulten Ward & Turner, LLP in Atlanta as well as at the Office of the State Appellate Defender, Death Penalty Trial Assistance Division in Chicago. While at Emory, Mr. Hertsberg participated in the school’s Technological Innovation:  Generating Economic Results program.  The TI:GER® program is a collaboration between Georgia Institute of Technology and Emory Law School, bringing Emory Law, Georgia Tech MBA and PhD students together in an interdisciplinary class to focus on both business and law principles.  He received a B.S. in Molecular and Cellular Biology from the University of Illinois at Urbana-Champaign in 2004. 

Scandaglia & Ryan is a litigation firm founded on the principle of providing sophisticated legal services in a cost-effective manner.  To achieve this, we have adopted a client-centered process that we call Total Quality Litigation®.  In pursuing strategic business and legal solutions for our clients, TQL® minimizes uncertainty and increases accountability.  We believe our clients deserve nothing less.  For further information, visit our website at www.scandagliaryan.com.

Contact: Debra O’Malley, Director of Marketing, 312.580.2859



Court leaves NC campaign finance law untouched
U.S. Legal News | 2008/11/06 17:18
North Carolina's system of publicly financed judicial campaigns remained intact Monday after the U.S. Supreme Court refused to hear a challenge over a provision for additional funds in expensive races.

The justices declined, without comment, to consider the constitutionality of a voluntary program passed by the Legislature and that took effect in 2004.

The program provides campaign money for state Supreme Court and Court of Appeals candidates if they agree to fundraising restrictions leading up to the general election. The decision came on the eve of an election in which all but two of the 13 candidates for those seats Tuesday participated in the program.

The decision leaves a federal lower court ruling in effect that upheld the law, which has been a model for other states, including New Mexico.

"This gives supporters of judicial public financing and public financing in general confidence and assurance that the long line of decisions (supporting) public financing ... are still the law of the land," said Paul Ryan, an attorney with the Washington-based Campaign Legal Center, whose group earlier filed a friend-of-the-court brief in support of the law.

Former Supreme Court candidate Rusty Duke and the North Carolina Right to Life Committee sued over the law in 2005, arguing it restricted free speech rights in cases where outside groups or nonparticipating candidates exceeded spending thresholds.

The qualifying candidates receive matching "rescue funds" to counter such injections of money.

The state's requirements that privately funded candidates and independent expenditure groups must file additional paperwork when they spend money to determine if rescue funds are triggered also "impose a substantial unconstitutional burden on the political speech" of these entities, according to the plaintiff's petition.

The Richmond, Va.-based 4th U.S. Circuit Court of Appeals sided with the state in May. Attorneys for Duke and the group asked the high court unsuccessfully to consider the case in part because interest in public financing has expanded nationwide.



Supreme Court wrestles with TV profanity case
Legal Career News | 2008/11/06 17:17
The Supreme Court spent an hour on Tuesday talking about dirty words on television without once using any or making plain how it would decide whether the government could ban them.

The dispute between the broadcast networks and the Federal Communications Commission is the court's first major broadcast indecency case in 30 years.

At issue is the FCC's policy, adopted in 2004, that even a one-time use of profanity on live television is indecent because some words are so offensive that they always evoke sexual or excretory images. So-called fleeting expletives were not treated as indecent before then.

The words in question begin with the letters "F" and "S." The Associated Press typically does not use them.

Chief Justice John Roberts, the only justice with young children at home, suggested that the commission's policy is reasonable. The use of either word, Roberts said, "is associated with sexual or excretory activity. That's what gives it its force."

Justice John Paul Stevens, who appeared skeptical of the policy, doubted that the f-word always conveys a sexual image.



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