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Pledge, Motto Cases to Be Heard by Court
Lawyer Blog News |
2007/12/04 14:08
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An atheist seeking to remove the words "under God" from the Pledge of Allegiance and U.S. currency is taking his arguments back to a federal appeals court. Michael Newdow, a Sacramento doctor and lawyer, sued the Elk Grove Unified School District in 2000 for forcing public school children to recite the pledge, saying it was unconstitutional. The 9th U.S. Circuit Court of Appeals ruled in Newdow's favor in 2002, but two years later, the U.S. Supreme Court ruled that Newdow lacked standing to sue because he didn't have custody of the daughter on whose behalf he brought the case. He immediately filed a second lawsuit on behalf of three unidentified parents and their children. In 2005, a federal judge in Sacramento found in favor of Newdow, ruling the pledge was unconstitutional because its reference to "one nation under God" violates children's rights to be "free from a coercive requirement to affirm God." The judge said he was following the precedent set by the 9th Circuit Court's ruling in Newdow's first case. A three-judge panel from that court was to hear arguments in the case on Tuesday. The same panel also was to hear arguments in Newdow's case against the national motto, "In God We Trust." In 2005, Newdow sued Congress and several federal officials, arguing that making money with the motto on it violated the First Amendment clause requiring the separation of church and state. Last year, a federal judge in Sacramento disagreed, saying the words did not violate Newdow's atheism. Newdow appealed. Congress first authorized a reference to God on a two-cent piece in 1864. In 1955, the year after lawmakers added the words "under God" to the Pledge of Allegiance, Congress passed a law requiring all U.S. currency to carry the motto "In God We Trust." |
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Court Rejects Mental Health Case
Lawyer Blog News |
2007/12/03 15:16
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A Mississippi death row inmate whose lawyer had never tried a case and suffered from mental illness failed Monday to persuade the Supreme Court to take his case. The court did not comment in denying the appeal from Quintez Hodges, who was sentenced to death in 2001 for killing his ex-girlfriend's brother two years earlier. Hodges presented evidence that his attorney, Michael Miller, was abusing drugs around the time of his trial and suffered from mental illness. A little over a year after Hodges' trial, Miller's parents had him committed to a psychiatric hospital. The state said Mississippi courts examined Hodges' claims and determined they lacked merit. "Miller's commitment papers...clearly show that this was his first commitment," state Attorney General Jim Hood told the court. Under prior Supreme Court rulings, defendants have to show that their lawyer was deficient and that the outcome probably would have been different with competent representation. |
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U.S. rights stance faces big test in Guantanamo case
Lawyer Blog News |
2007/12/03 12:17
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The tarnished U.S. human rights image faces a major test this week as the Supreme Court considers whether terrorism suspects held for years without charges at Guantanamo Bay are wrongly detained. The court's nine justices on Wednesday are to hear the appeal of Guantanamo prisoners who say a 2006 law unconstitutionally denies them a meaningful way to challenge in court their detention at the U.S. Naval Base on Cuba. The case is being watched by governments and human rights activists around the world, who say President George W. Bush has overreached his powers and trampled on rights in the war on terrorism he launched after the September 11, 2001, attacks. "The rule-of-law, humanitarian and human rights principles at stake in this case are the very principles which the coalition of liberal democracies together seek to uphold and defend in the 'war on terror,'" British and European parliament members said in one of the many outside briefs urging the Supreme Court to rule in favor of the detainees. The Bush administration told the court the Guantanamo prisoners receive fair treatment and a chance to make their case before a military tribunal, with a limited appeals court review. But it said the Constitution's "habeas corpus" rights for prisoners to seek a court review of their detention do not apply to foreigners held outside the country. "The detainees now enjoy greater procedural protections and statutory rights to challenge their wartime detentions than any other captured enemy combatants in the history of war. Yet they claim an entitlement to more," the Justice Department said in its brief on the case. |
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Guilty Plea in Navy Bid Rigging Case
Lawyer Blog News |
2007/12/01 17:20
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A metal sling manufacturing company has pleaded guilty to conspiracy to rig bids on U.S. Navy contracts, the federal officials said. Authorities said Certified Slings Inc. rigged bids for manufacturing metal sling hoist assemblies, which are used to transport items such as bombs and other munitions. The central Florida-based company also agreed to pay a $150,000 fine, according to a statement from the U.S. Department of Justice on Thursday. The plea was made in the U.S. District Court in Islip, N.Y. Certified Slings was part of a conspiracy to rig bids from December 2002 to October 2003, where "conspirators discussed and agreed among themselves which of them would win contracts from the U.S. Navy," the statement said. A telephone message and e-mail left for the company by The Associated Press were not immediately returned Thursday night. Four others have also been charged as a result of the investigation. Pennsylvania executives Thomas Cunningham and Richard Barko pleaded guilty to rigging bids on U.S. Navy contracts in February and are currently awaiting sentencing. In July, the former sales director of a New York-based company, Robert Fischetti, pleaded guilty to two counts of participating in separate conspiracies to rig bids on military equipment. Roger Jacobi, the president of another New York-based company was charged with conspiring to rig bids on DOD contracts in September. |
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Archdiocese in Boston Finds New Representation
Lawyer Blog News |
2007/11/30 16:49
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Cardinal Sean P. O'Malley, in a step long sought by critics of the Roman Catholic Archdiocese of Boston, said yesterday that he is hiring a new general counsel who will largely replace the controversial law firm that for years defended the archdiocese against scores of people who said they were sexually abused by priests.
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F. Beirne Lovely Jr., a partner at Goodwin Procter, will effectively replace the Rogers Law Firm, which has represented the archdiocese in most legal matters for at least two decades. The Rogers Law Firm, led by lawyer Wilson D. Rogers Jr., has been viewed with suspicion and hostility by many victim advocates and would-be church reformers - in part because of Rogers's close relationship with Cardinal Bernard F. Law, who resigned five years ago at the height of the clergy sexual-abuse crisis, and because Rogers was viewed as an architect of the archdiocese's yearslong adversarial handling of complaints and lawsuits brought by people who said they were sexually abused by priests.
"Wilson Rogers was the iron fist inside Bernard Law's velvet glove, the operative who for many years obstructed and outmaneuvered victims' attempts to hold the archdiocese accountable for sheltering pedophiles," said Anne Barrett Doyle, codirector of BishopAccountability.org, a victim advocacy organization. "God only knows how many children were harmed because of Rogers's success in silencing victims and his ruthless dedication to keeping the archdiocese out of civil courts."
The archdiocese, which has a vast array of legal issues ranging from personnel and real estate matters to more publicly sensitive cases involving parish closings and sexual abuse, said only that it had decided the time had come for an in-house counsel who would oversee all of the archdiocese's legal concerns and hire outside lawyers as needed.
"We believe that an in-house counsel having a broad-based legal background will best serve the archdiocese," James P. McDonough, archdiocesan chancellor, said in a statement.
Terrence C. Donilon, archdiocesan spokesman, said the Rogers Law Firm would continue to do some work for the archdiocese and represent Caritas Christi, the archdiocesan hospital network. He said the archdiocese would still retain Thomas H. Hannigan, a longtime and trusted O'Malley adviser from the law firm Ropes & Gray, to handle abuse-related litigation.
Donilon said Lovely would report to the archdiocesan vicar general and would be "a member of senior leadership" at the chancery.
Rogers declined to comment yesterday, but his firm offered the Globe a statement congratulating Lovely and saying, "The extent and magnitude of legal issues affecting the archdiocese on a daily basis warrants an in-house full-time general counsel. The Rogers Law Firm looks forward to working with Mr. Lovely and to continue providing legal services to the Archdiocese of Boston."
Lovely also declined to comment, except via a statement from the archdiocese in which he said he was "honored" by the new position. The archdiocese would not say how much Lovely would be paid, but said it would report his salary next year, with the archdiocese's annual financial disclosure forms, if he is among the archdiocese's top five salaried employees.
The archdiocese reported paying The Rogers Law Firm $610,000 in fiscal 2006 and $448,054 in fiscal 2005. Caritas Christi reported paying the firm $6.9 million over the past eight years.
Lovely is a decorated Vietnam veteran who graduated from Dartmouth College and Boston University Law School. He has been at Goodwin Procter since 1976 and is a member of its business law department. He is chairman of the Milton School Committee and a parishioner at St. Elizabeth Church in Milton. |
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Schwebel, Goetz & Sieben Push On in Bridge Case
Lawyer Blog News |
2007/11/30 16:46
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An attempt by lawyers for victims of the Interstate 35W bridge collapse to pull back the blanket of secrecy over the investigation into its cause was blocked Thursday by federal law and a Hennepin County judge.
The law firm Schwebel, Goetz & Sieben, which represents several collapse victims and their families, sought information about the collapse from Wiss, Janney, Elstner Associates Inc., a Chicago-area engineering firm hired by the state to look into the reasons the bridge suddenly gave way during rush hour Aug. 1, killing 13 and injuring about 100.
But citing National Transportation Safety Board restrictions, Hennepin County District Judge Herbert Lefler ruled that the information does not have to be released without the approval of federal investigators.
"(Wiss Janney), which has contracted with the State of Minnesota, is an agent of the state and considered by the NTSB to be a participant in the investigation of the bridge collapse," Lefler wrote. "As such, all data collected by (Wiss Janney) for the investigation is non-public. ... Plaintiff has no right to the data it requests at this time."
So far, the NTSB has only offered clues into the course of its investigation, outlining several broad areas it is studying. They include the design of large steel plates that held pieces of the bridge together, the weight of construction materials and equipment on the bridge at the time of collapse and the effects of an automated anti-icing system installed on the bridge in 1999.
The NTSB has declared the Minnesota Department of Transportation a party to its investigation, which might not be completed for another year. Federal rules prohibit the release of information unless approved by the NTSB's investigator-in-charge.
The state argued that Wiss Janney is also subject to those rules, but Schwebel, Goetz & Sieben sought a ruling that information developed by the firm should be released under Minnesota's Data Practices Act.
"We're going to appeal this. It's outrageous that MnDOT should be allowed to hide under the shield of secrecy of the NTSB," lawyer Jim Schwebel said. "What are they afraid of disclosing?"
Victims' lawyers have been frustrated by a lack of access to pieces of the collapsed bridge and are concerned that any independent investigation will be compromised without prompt access to the materials. |
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