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Court takes another look at Native American adoption law
Business Law Info | 2020/01/22 17:56
A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.

A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.

Opponents of the law — including non-Indian families who have sought to adopt American Indian children — sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.

A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.

A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.

Opponents of the law — including non-Indian families who have sought to adopt American Indian children — sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.



Bangladesh court orders 231 factories closed to save river
Business Law Info | 2020/01/19 01:59
Bangladesh’s High Court has asked authorities to shut down 231 factories surrounding the highly polluted main river in the nation’s capital, lawyers and activists said Tuesday.

Manzil Murshid, who filed a petition with the court seeking its intervention, said the factories are mainly small dyeing, tanning and rubber plants operating without approval from the Department of Environment. Such factories often are able to operate with the backing of influential politicians or by bribing government officials.

The court’s decision Monday on the factories near the River Buriganga was hailed by environment activists despite some previous court orders that were not carried out by government authorities, Murshid said.

Murshid represents Human Rights and Peace for Bangladesh, a domestic advocacy group.

He said the decision came after the environment department submitted a report on 231 factories that operate illegally and contribute highly to the pollution. The court also asked the officials to prepare “a complete list of illegal factories or factories without effluent treatment plants” operating in and around Dhaka within three months.

“This is a good decision. The court has asked the authorities to disconnect water, electricity and other utility services for factories that are polluting the Buriganga,” he told The Associated Press on Tuesday.

Amatul Karim, who represented the Department of Environment in the case, said the court’s order came after a thorough examination of the history of the factories, the level of pollution of the river and overall damage to the environment.


Indian state challenges new citizenship law in Supreme Court
Business Law Info | 2020/01/13 02:07
The southern Indian state of Kerala on Tuesday became the first to legally challenge a new citizenship law that has triggered nationwide demonstrations.

In a petition to the Supreme Court, the state government said the law violates the secular nature of India's Constitution, and accused the government of dividing the nation along communal lines.

The citizenship law backed by Prime Minister Narendra Modi’s Hindu-nationalist party provides a path to naturalization for people from Bangladesh, Afghanistan and Pakistan, unless they’re Muslim. It has triggered nationwide protests and clashes with police, leading to 23 deaths.
The rallies have slowly morphed into much wider anti-government protests.

Critics say the law, which was passed by Parliament on Dec. 11, will be used in conjunction with a citizenship registry that could require all Indians to produce documents proving their origins, a challenge in a country where many people lack official records including birth certificates.

Kerala, a state ruled by a communist party, has strongly opposed the law and passed a resolution against in early January. The state government criticized the law in front-page advertisements in at least three national newspapers on Jan. 10, saying the state is "leading the efforts to protect constitutional values.”

Modi’s Bharatiya Janata Party said the move by the state was political.

Pinarayi Vijayan, chief minister of the state, has also written to the heads of 11 other states not ruled by Modi’s party, urging them to unite in their fight against the law.


WikiLeaks' Assange in UK court fighting extradition to USA
Business Law Info | 2020/01/09 02:10
WikiLeaks founder Julian Assange made a brief court appearance Monday in his bid to prevent extradition to the United States to face serious espionage charges.

He and his lawyers complained they weren't being given enough time to meet to plan their battle against U.S. prosecutors seeking to put him on trial for WikiLeaks' publication of hundreds of thousands of confidential documents.

The 48-year-old was brought to court from Belmarsh Prison on the outskirts of London. He saluted the public gallery, which was packed with ardent supporters including the musician MIA, when he entered the courtroom. He later raised his right fist in defiance when he was taken to holding cells to meet with lawyer Gareth Peirce.

Peirce said officials at Belmarsh Prison are making it extremely difficult for her to meet with Assange.

“We have pushed Belmarsh in every way ?- it is a breach of a defendant's rights,” she said.

Assange refrained from making political statements. He confirmed his name and date of birth, and at one point said he didn't understand all of the proceedings against him during the brief hearing at Westminster Magistrates' Court.

He faces 18 charges in the U.S., including conspiring to hack into a Pentagon computer. He has denied wrongdoing, claiming he was acting as a journalist entitled to First Amendment protection.


Protests of Indian law grow despite efforts to contain them
Business Law Info | 2019/12/18 17:13
From campuses along India’s Himalayan northern border to its southern Malabar Coast, a student-led protest movement against a new law that grants citizenship on the basis of religion spread nationwide on Wednesday despite efforts by the government to contain it.

The law provides a path to citizenship for Hindus, Buddhists, Christians and other religious minorities who are in India illegally but can demonstrate religious persecution in Muslim-majority Bangladesh, Pakistan and Afghanistan. It does not apply to Muslims.

Critics say it’s the latest effort by Prime Minister Narendra Modi’s Hindu nationalist-led government to marginalize India’s 200 million Muslims, and a violation of the country’s secular constitution.

Modi has defended it as a humanitarian gesture, but on Wednesday, authorities tightened restrictions on protesters, expanding a block on the internet and a curfew in Assam, where protests since the law’s passage a week ago have disrupted life in Gauhati, the state capital. They also restricted assembly in a Muslim neighborhood in New Delhi where demonstrators on Tuesday burned a police booth and several vehicles.

After India’s Supreme Court postponed hearing challenges to the law Wednesday, huge demonstrations erupted in Gauhati, in Chennai, in the southern state of Tamil Nadu, and in Mumbai, India’s financial capital. Protesters also rallied in Srinagar, the main city in disputed Kashmir and in the tourist mecca of Jaipur in the desert state of Rajasthan, and threw stones at buses in Kochi, the capital of the southernmost state of Kerala.


High court upholds murder conviction for Albuquerque man
Business Law Info | 2019/12/18 01:38
An Albuquerque man’s convictions in the beating and fatal stabbing of his ex-wife’s husband will stand.

Terry White is serving life in prison plus 12 years for the December 2016 death of Don Fluitt. Fluitt’s body was found in the garage of his northwest Albuquerque home amid a custody battle with his ex-wife over his then-11-year-old daughter.

White’s attorneys had argued the evidence wasn’t sufficient to convict White of first-degree murder, aggravated burglary and tampering with evidence.

The state Supreme Court disagreed in a ruling Monday, saying the evidence was overwhelming.

The justices also said the trial court properly allowed testimony from a Navajo County, Arizona, sheriff’s deputy who said he believed White was attempting to commit suicide at a truck stop in Holbrook, Arizona.

The deputy approached White after seeing a blue hose leading from the exhaust inside White’s vehicle and towels stuffed in the windows. The deputy took White into custody when he discovered White had a warrant for his arrest.

White’s attorney argued the deputy’s testimony was speculative, but the high court said the jury reasonably could have inferred that White was attempting suicide.

White was charged in Fluitt’s death after his DNA was found under Fluitt’s fingernails.


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