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Court Allows Boys’ Protest via Buttons
Lawyer Blog News | 2007/09/21 14:33

A federal district judge ruled on Thursday that two grade-school students here can wear buttons depicting Hitler Youth to protest having to wear school uniforms. The judge, Joseph A. Greenaway Jr. of Federal District Court in Newark, wrote in a 28-page decision that the button did not "materially and substantially disrupt the work and discipline of the school."

The judge based his decision in part on a 1969 ruling by the United States Supreme Court that allowed students in Des Moines to wear black armbands to school in protest of the Vietnam War. He wrote that had the button depicted swastikas, a Confederate flag, or a burning cross, it would have been "plainly offensive" and he would have ruled differently.

The schools superintendent, Patricia L. McGeehan, said the district was disappointed in the ruling, and planned to review its options.

Ms. McGeehan said in a statement that the district was "very concerned with the precedent this may set not only for Bayonne but for every public school district in New Jersey that tries to create and maintain a school environment conducive to learning and that is not offensive to students or staff."

The statement added, "Images of racial and ethnic intolerance do not belong in an elementary school classroom."

The dispute over the button began last fall, when Michael DePinto, 11, who was a fifth grader at Public School 14 at the time, objected to the policy.

To protest, he and his mother, Laura, 47, made a button that included a photograph of a group of grim, identically dressed members of Hitler Youth with the words "No School Uniforms" imposed over them.

After Michael wore the button for several weeks, the district sent a letter to his home in November, demanding that he stop or face suspension. Another fifth-grade student, Anthony LaRocco, then began wearing one as well.

After the suspension threat, the boys' parents sued, claiming their First Amendment rights were being denied.

Michael said on Thursday that he had never intended to offend anyone but merely make a point about conformity.

"It's like forcing a swastika on someone," he said. "It's what Hitler did to his youth."





Deadlocked Spector jury sent back to deliberate
Court Feed News | 2007/09/21 14:29

The judge in the Phil Spector trial on Thursday ordered the deadlocked jury to resume deliberations on murder charges against the rock producer. Jury deliberations were suspended on Tuesday after the panel said it was split 7-5 over a verdict, without saying which way it was leaning. The panel had been deliberating for seven days.

Spector, 67, faces 15 years to life in prison if convicted of murdering actress Lana Clarkson with a gunshot through her mouth at his Los Angeles area home in February 2003.

Los Angeles Superior Court Judge Larry Fidler issued new instructions to the jury on Thursday aimed at breaking an impasse after two days of legal arguments with lawyers on both sides.

Fidler withdrew a jury instruction -- seen as central to the defense case -- that said the prosecution must prove beyond a reasonable doubt that Spector pointed a gun at Clarkson and the gun ended up inside her mouth while in Spector's hand for them to find him guilty.

Instead he told the jury they could consider a range of possible scenarios.

Jurors had reported confusion over the original instruction and Fidler agreed it "misstates the law."

The defense has argued that the 40-year-old actress, who was working as a nightclub hostess when she met Spector, was depressed over her career and finances and shot herself in the mouth, either deliberately or by accident.

Prosecutors said during the trial that even if the gun went off mistakenly, Spector could be convicted of murder because his actions showed a conscious disregard for human life.

Spector, who did not testify in his defense, is famous for pioneering the "Wall of Sound" recording technique in the 1960s and for his work with The Beatles, The Ronettes, Tina Turner and Cher.



Court upholds ruling in O'Brien firing
Headline News | 2007/09/21 13:33

A state appeals court has upheld a $2.5 million judgment awarded to former Ohio State University basketball coach Jim O'Brien over his 2004 firing. The Tenth District Court of Appeals ruled in an opinion issued Thursday that the Ohio Court of Claims rightfully decided in favor of O'Brien. The former coach had argued his concealment from the school of a personal loan he gave to a recruit in late 1998 did not warrant his dismissal. After the ruling, both parties appealed, OSU claiming the court erred in finding the former coach didn't materially breach his contract. The university added that additional instances of misconduct released by the NCAA in early 2006 should have barred O'Brien's claim altogether.

O'Brien also appealed the original ruling, claiming the court didn't properly calculate the amount of damages due and that OSU shouldn't have been able to reduce the sum because of bonus amounts they previously paid.

O'Brien was fired after he told former OSU Athletics Director Andy Geiger that he made the loan to the family of Aleksandar Radojevic, a prospect from Serbia. Radojevic never played for the Buckeyes, but O'Brien said he made the loan because his family was in financial straits following the death of Radojevic's father. Geiger reported the transaction to the NCAA in May 2004 and O'Brien was terminated in June, according to court documents.

The ruling that awarded O'Brien the judgment found that OSU's termination wasn't for a "material breach," defined as an act that defeats the entire purpose of the contract. The appeals court found that "NCAA compliance was but one of O'Brien's many duties."

The court added in its ruling that the stipulation in O'Brien's contract, approving termination for a material breach or NCAA violation, didn't allow OSU to determine a violation occured before the NCAA handed it down. The termination created "a 'bootstrapping effect' by allowing OSU to substitute its own judgment for that of the NCAA," the opinion stated.

The NCAA didn't issue an official ruling regarding O'Brien's violations until early 2006, and "even if it would have been proper to terminate him at that time, much of the liquidated damages awarded to O'Brien in the judgment of the trial court would have been earned as salary," the court said.

OSU is expected to issue a statement Thursday afternoon.



Phila. law firm hit with discrimination suit
Legal Career News | 2007/09/21 12:39

Philadelphia law firm Cozen O'Connor has been sued by a former partner who alleges that she was not given the same leeway regarding political activities as male employees. Patricia Biswanger claims in her sex discrimination and retaliation suit that she was fired from her position as a non-equity partner in September 2005, less than a month after she filed a gender discrimination complaint with the firm's human resources department.

The suit, filed Wednesday in U.S. District Court in Philadelphia, charges that her political activities in Haverford, Pa., caused Cozen O'Connor to apply a double standard that prohibited her from using any firm resources such as phones and email for those activities. She said the firm placed no restrictions on male lawyers' political activities.

The suit says that instead of investigating the complaint, the firm instead tried to prove that she violated its policy about using firm resources for political purposes, a charge that she denies.

The suit was filed by attorneys Michael J. Salmanson, Scott B. Goldshaw and Katie R. Eyer of Philadelphia's Salmanson Goldshaw and names Cozen O'Connor, firm founders Stephen Cozen and Patrick O'Connor and partner Kevin Berry as defendants. Cozen O'Connor's lawyer, Abraham Reich of Fox Rothschild, said the firm has always provided the same opportunities regardless of gender and that the investigation into Biswanger's complaint was "fair and objective." He said the firm looks forward to refuting the charges in court.

Biswanger, an employment litigator, has worked at Rubin Fortunato & Harbison of Wayne, Pa., since December 2005.



Court urges Sudan war crimes arrest
Legal World News | 2007/09/21 12:29

The chief prosecutor of the International Criminal Court (ICC) has urged world leaders to "break their silence" and press the Sudanese government to arrest one of its ministers for alleged war crimes. The comments by Luis Moreno-Ocampo, the ICC prosecutor, came ahead of a high-level UN meeting on Darfur on Friday.
Moren-Ocampo has called for the arrest of Ahmed Harun, Sudan's humanitarian affairs minister, who faces charges of war crimes and crimes against humanity.

He said he was concerned that silence by world leaders "has been understood in Khartoum as a weakening of international resolve".

"It is time to break the silence," he said.

UN meeting

Moreno-Ocampo said Harun, who is suspected of involvement in the murder, rape, torture and persecution of civilians in Darfur, is now in charge of the millions of people he forced out of villages into camps.

"Ahmed Harun is not protecting the camps, he is controlling them. He must be stopped. He must be arrested. The international community must be consistent in their support of the law."

The ICC wants Friday's UN meeting, chaired by Ban Ki-moon, the UN secretary general, and Alpha Oumar Konare, the African Union chairman, to be used to push the Sudanese government to arrest Harun.

But bringing to justice those most responsible for killing over 200,000 people and uprooting more than 2.5 million during the four and a half-year conflict is not on the agenda for the meeting.

Instead, ministers from 26 countries have been invited to discuss international support for new negotiations with Khartoum, the deployment of a 26,000-strong AU-UN force in Darfur and the expansion of humanitarian assistance.

"World leaders have to understand that if the justice component process is ignored, crimes will continue and affect the humanitarian and security operations in Darfur," Moreno-Ocampo said.

Postponing Harun's arrest, he said, would mean "there will be no solution in Darfur" but Moreno-Ocampo also expressed hope that the UN secretary-general's talks with Omar al-Bashir, the Sudanese president, earlier this month might "bear fruit".


Chile's top court rules to extradite Fujimori
Legal World News | 2007/09/21 12:11
Chile's Supreme Court said on Friday it had ruled to extradite Peru's former President Alberto Fujimori to face charges of embezzlement and human rights abuses during the 1990s.

Alberto Chaigneau, president of the courtroom where the extradition case was heard, said magistrates had accepted seven of the 13 points made by Peruvian state prosecutors seeking to bring Fujimori to trial.

The Supreme Court ruling cannot be appealed.

Fujimori, 69, has been in Chile since November 2005, when he was arrested on an international warrant after flying into the country from Japan.

He was apparently planning to launch a political comeback in Peru, where he served two terms as president from 1990 until 2000. His government collapsed in a massive corruption scandal and he fled to exile in Japan.

Peruvian prosecutors want to try Fujimori on charges of embezzling $15 million and using excessive anti-terrorism measures -- including allegations of two massacres -- to crush Maoist rebel group Shining Path.

But many Peruvians still admire him for capturing Shining Path's top leaders and defeating its insurgency.



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