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Ex-Justice Stevens optimistic about court's future
Headline News | 2011/10/11 10:20
Retired U.S. Supreme Court Justice John Paul Stevens spent much of his 35 years on the court disagreeing with the majority, but he's bullish about the institution.

At a talk Monday at Princeton University, his biggest applause line was for his shortest answer. The question: Are you optimistic about the future of the court and the Constitution?

His answer: "Yes."

The 91-year-old retired justice had a public conversation with Princeton Provost Christopher Eisgruber, who served as a clerk for him in the 1989-1990 court session.

His talk came a week after the publication of his book "Five Chiefs," about the three chief justices he served under and the two others he got to know earlier in his legal career as a clerk and a lawyer.

Stevens, famous for his bow ties, donned one in Princeton black and orange for the occasion. During a tenure that was the third-longest in court history, he also became famous for disagreeing with the court's majority. Stevens was appointed by Republican President Gerald Ford, and by the time he left last year, he was perhaps the most reliably liberal member of the court. About half his 1,400 opinions were dissents

For some Princeton students, that made him a hero. One woman wore a T-shirt that said, "I (heart) JPS."

Stevens has regrets about upholding a Texas capital punishment law and wishes the court would change positions on sovereign immunity and allow lawsuits against the government.

Yet he's happy with the way the court works.

He appeared a bit taken aback when one student asked him if the court should have a way to enforce its own rulings. "It's true that the court has to rely on the executive branch," he said. "But I don't think that's ever been a problem."

He also that by the time he joined the court in 1975, it was a congenial place — something he said wasn't the case when he was a clerk there himself in 1947.


High court to decide double jeopardy question
Legal Career News | 2011/10/11 10:20
The Supreme Court will decide whether a jury forewoman's offhand comment that the jury was unable to make a decision on a murder charge means the suspect can't be retried on that charge.

The high court on Tuesday agreed to hear an appeal from Alex Blueford, whose murder trial in Arkansas ended in a hung jury.

The jury forewoman told the judge before he declared a mistrial that the jury had voted unanimously against capital murder and first-degree murder. The jury had deadlocked on a lesser charge, manslaughter, which caused the judge to declare a mistrial.

Blueford argued the forewoman's statement, said in open court, meant that he has been acquitted of capital murder and first-degree murder.

Prosecutors decided to retry Blueford on all three charges. He contended he could not be retried on capital murder and first-degree murder because of Fifth Amendment double jeopardy protections.

Arkansas courts have disagreed. The high court will now review that decision.

Blueford was on trial for killing his girlfriend's 20-month-old son.


Airline attack suspect sought martyrdom
Court Feed News | 2011/10/11 09:21
A young Nigerian allegedly on a terrorist mission for al-Qaida prayed, washed and put on perfume moments before trying to detonate a bomb in his underwear to bring down an international jetliner on Christmas 2009, a prosecutor told jurors as the man's trial opened Tuesday.

Virtually everyone aboard Northwest Airlines Flight 253 had holiday plans, but Umar Farouk Abdulmutallab believed his calling was martyrdom, Assistant U.S. Attorney Jonathan Tukel said.

In the plane's bathroom, "he was engaging in rituals. He was preparing to die and enter heaven," Tukel said. "He purified himself. He washed. He brushed his teeth. He put on perfume. He was praying and perfuming himself to get ready to die."

After returning to his seat, Abdulmutallab pushed a small plunger on the chemical bomb in his underwear, an action that produced a "pop," the prosecutor told jurors.

The bomb didn't work as planned but Abdulmutallab was engulfed in flames, said Tukel, who displayed the flight's seating chart on a screen to show jurors where things happened on the plane.

Opening statements began after an unexplained 70-minute recess requested by Abdulmutallab and his attorney, Anthony Chambers, shortly after they entered the courtroom.


Kentucky man sues Facebook over tracking cookie
Lawyer Blog News | 2011/10/10 16:19
A Facebook user in western Kentucky has filed a federal lawsuit against the social networking giant, accusing it of violating wiretap laws with a tracking cookie recording web browsing history after logging off of Facebook.

The plaintiff, David Hoffman of Paducah, is asking a judge to grant class-action status to represent the roughly 150 million
Facebook users in the United States. Hoffman's lawsuit seeks a preliminary and temporary injunction restraining Facebook from intercepting electronic information when they are not logged in and from disclosing any of the information already acquired.

It also seeks damages of $100 per day for each of the class members or $10,000 per violation. The Kentucky lawsuit, filed Friday in U.S. District Court, is similar to cases filed in recent weeks in California, Kansas and Louisiana.


Scott Cole & Associates Announces Update for Class Action
Law Firm News | 2011/10/06 16:18
According to Scott Cole, within days of being hit with a class action lawsuit for failing to offer meal and rest breaks to its California workforce, Guitar Center fired the man who pioneered the lawsuit and allowed its workers to parade the named plaintiff’s final paycheck around the workplace. In immediate reaction to these events, the plaintiff’s attorneys at Scott Cole & Associates amended the Complaint today to allege a wrongful termination and invasion of privacy claim.

“If Guitar Center thinks it can send a message to its workers that standing up for their rights will cost them, this new wrongful termination claim sends a stronger message right back,” says Scott Cole, the principal lawyer on the case. “Firing our client was a big mistake.”

The lawsuit is entitled Pellanda v. Guitar Center, Inc.

Oakland-based Scott Cole & Associates, APC is one of California’s premiere class action law firms and is devoted to representing individuals in employment and consumer rights litigation. For more information about our practice and cases, visit www.scalaw.com or call (510) 891-9800.


Hogan to be new courts administrative officer
Legal Career News | 2011/10/06 16:15

Senior U.S. District Judge Thomas Hogan is the new director of the Administrative Office of the U.S. Courts.

Hogan, a former chief U.S. District Court judge in Washington, will serve a one-year term as the chief administrative officer for the federal court system. He will oversee the federal judiciary's 35,000 employees and its almost $7 billion annual budget.

The Judicial Conference of the United States is the principal policymaking body for the federal court system. As its presiding officer, Chief Justice John Roberts selected Hogan for the position.

Hogan will begin Oct. 17. He plans to resume work as a senior federal judge after his term ends.

The previous director, James Duff, left this summer to become president of the Freedom Forum.



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