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Court raises concerns over power lines by historic Jamestown
Employment Law | 2019/03/11 18:20
A federal appeals court raised concerns Friday that power lines with towers nearly as high as the Statue of Liberty could spoil the view in one of the nation's most historically rich areas, a stretch of river in Virginia where England founded its first permanent settlement.

The power lines cross the James River near Jamestown Island. And they began transmitting 500,000 volts of electricity on Tuesday.

Despite the project's completion, the court directed the U.S. Army Corps of Engineers to prepare a full environmental impact statement for the project. The agency previously deemed it to be unnecessary.

The appeals court found that the Corps failed to fully consider the project's impact before issuing a permit to Dominion Energy. The ruling also said the Corps failed to resolve concerns that were raised in many of the 50,000 public comments that were submitted and by other federal agencies over the years.

For instance, the National Park Service has said utility lines should be run underground in the area, allowing people to experience views similar to what English explorer John Smith saw in the early 1600s.


Court records reveal a Mueller report right in plain view
Employment Law | 2019/02/24 15:34
The Democrats had blamed Russia for the hacking and release of damaging material on his presidential opponent, Hillary Clinton. Trump wasn’t buying it. But on July 27, 2016, midway through a news conference in Florida, Trump decided to entertain the thought for a moment.

“Russia, if you’re listening,” said Trump, looking directly into a television camera, “I hope you’re able to find the 30,000 emails that are missing” — messages Clinton was reported to have deleted from her private email server.

Actually, Russia was doing more than listening: It had been trying to help Republican Trump for months. That very day, hackers working with Russia’s military intelligence tried to break into email accounts associated with Clinton’s personal office.

It was just one small part of a sophisticated election interference operation carried out by the Kremlin — and meticulously chronicled by special counsel Robert Mueller.

We know this, though Mueller has made not a single public comment since his appointment in May 2017. We know this, though the full, final report on the investigation, believed to be in its final stages, may never be made public. It’s up to Attorney General William Barr.

We know this because Mueller has spoken loudly, if indirectly, in court — indictment by indictment, guilty plea by guilty plea. In doing so, he tracked an elaborate Russian operation that injected chaos into a U.S. presidential election and tried to help Trump win the White House. He followed a GOP campaign that embraced the Kremlin’s help and championed stolen material to hurt a political foe. And ultimately, he revealed layers of lies, deception, self-enrichment and hubris that followed.


Kenya court postpones ruling on anti-gay laws to May 24
Employment Law | 2019/02/22 15:35
A Kenyan court Friday postponed a ruling on whether to decriminalize same sex relationships, disappointing many in the country's LGBT community.

The ruling will not be made until May 24 because some judges had been busy, Justice Chaacha Mwita of the High Court said.

Several activists who went to the court for the landmark ruling expressed their dismay.

"To say we are disappointed would be an understatement," the National Gay and Lesbian Human Rights Commission, which is among the petitioners in the case, said in a tweet.

A case so important should have been should have been given the time it deserves, said activist Grace Mbijiwa outside the courtroom.

"However we are looking forward because we have a date in May 2019," said Mbijiwa. "We are looking forward and hoping for the best, looking forward for LGBT being legalized."

Activists argue that the colonial-era law which criminalizes same consensual sex-relations between adults is in breach of the constitution because it denies basic rights.



Appellate judge announces run for Supreme Court seat
Employment Law | 2019/02/05 02:11
An appellate judge has announced he will run for a spot on the Kentucky Supreme Court days after Justice Bill Cunningham retired.

Kentucky Court of Appeals Judge Christopher "Shea" Nickell told The Paducah Sun that he is running in November's election for the vacant seat, which represents the First Supreme Court District encompassing 24 counties in western Kentucky. The winner of the general election will serve the rest of Cunningham's current term ending in 2022.

Gov. Matt Bevin will appoint a temporary justice to the seat until November, but Nickell did not submit his name for consideration. He says that would have required him to step down from the appeals court.

Nickell practiced law for 22 years before he became an appellate judge.


Ginsburg makes 1st public appearance since cancer surgery
Employment Law | 2019/02/03 02:13
Supreme Court Justice Ruth Bader Ginsburg is making her first public appearance since undergoing lung cancer surgery in December.

The 85-year-old Ginsburg is attending a concert at a museum a few blocks from the White House that is being given by her daughter-in-law and other musicians. Patrice Michaels is married to Ginsburg’s son, James. Michaels is a soprano and composer.

The concert is dedicated to Ginsburg’s life in the law.

Ginsburg had surgery in New York on Dec. 21. She missed arguments at the court in January, her first illness-related absence in more than 25 years as a justice.

She has been recuperating at her home in Washington since late December.

Ginsburg had two previous bouts with cancer. She had colorectal cancer in 1999 and pancreatic cancer in 2009.

The justice sat in the back of the darkened auditorium at the National Museum of Women in the Arts.

The National Constitution Center, which sponsored the concert, did not permit photography.

James Ginsburg said before the concert that his mother is walking a mile a day and meeting with her personal trainer twice a week.

The performance concluded with a song set to Ginsburg’s answers to questions.

In introducing the last song, Michaels said, “bring our show to a close, but not the epic and notorious story of RBG.”



Lawyer: Incapacitated woman who gave birth not in coma
Employment Law | 2019/01/20 08:03
A lawyer for the family of an incapacitated Arizona woman who gave birth in a long-term care facility said she is not in a coma as previously reported.

The Arizona Republic reported Friday that attorney John Micheaels said the 29-year-old woman has “significant intellectual disabilities” and does not speak but has some ability to move, responds to sounds and is able to make facial gestures.

Phoenix police have said the woman was the victim of a sexual assault and have disclosed little other information.

A Jan. 8 statement by San Carlos Apache Tribe officials said the woman, a tribal member, gave birth while in a coma.

News media outlets have reported that the woman, who has not been publicly identified, was in a vegetative state at the facility where she spent many years.

“The important thing here is that contrary to what’s been reported, she is a person, albeit with significant intellectual disabilities. She has feelings and is capable of responding to people she is familiar with, especially family,” Micheaels told the newspaper.


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