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Hawaii lawmakers shelve civil union bill
Legal Career News | 2007/02/28 19:06

Hawaii legislators have shelved a proposal to create civil unions for same-sex couples, indicating that the state legislature did not have enough votes to pass the law.

The state House Judiciary Committee declined to vote on the proposal after hours of testimony Tuesday without explaining the reasons for deferring debate. Hawaii was one of the first states to consider same-sex marriage when the Hawaii Supreme Court ruled in 1996 that same-sex couples cannot be denied marriage, but a 1998 constitutional amendment defined marriage as a union between a man and a woman.

Vermont, Connecticut and New Jersey each recognize civil unions for same-sex couples, while Massachusetts is the only US state to legally recognize same-sex marriage. Earlier this month, New Jersey became the first state to recognize same-sex marriage and civil unions from out of state jurisdictions.



CA appeals court upholds stem cell research program
Legal Career News | 2007/02/28 06:32

A California state appeals court ruled Monday that the state's stem cell research program "suffers from no constitutional or other legal infirmity," leading the way for approximately $3 billion in grant money to be awarded to researchers. The Court of Appeal of the State of California First District upheld last year's lower court decision upholding the constitutionality of the program, operated by the California Institute for Regenerative Medicine (CIRM). The lower court determined that the stem cell program was being administered with sufficient state control and did not violate ballot initiative or conflicts of interest rules.

The research program, known as Proposition 71, was approved in a 2004 state referendum by a 59 percent margin. In its ruling, the appeals court noted the delay in research that the litigation had caused:

The objective of the proposition is to find, "as speedily as possible," therapies for the treatment and cure of major diseases and injuries, an aim the legitimacy of which no one disputes. The very pendency of this litigation, however, has interfered with implementation for more than two years.
The lawsuit against the program was brought by the California Family Bioethics Council and two anti-tax organizations - the People's Advocate and the National Tax Limitation Foundation. A lawyer for the plaintiffs said they would consider an appeal after reviewing the court's opinion, admitting that the California Supreme Court refuses to hear many appeals.



DOJ Releases New Americans with Disabilities Act
Legal Career News | 2007/02/28 02:38
The Department of Justice today released new technical assistance materials to help state and local governments comply with the Americans with Disabilities Act (ADA). The materials are part of the “ADA Best Practices Tool Kit for State and Local Governments,” a project announced by Attorney General Alberto R. Gonzales in October 2006.

“In our work with state and local governments throughout the country, we see many common problems with ADA compliance,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Department is issuing the Tool Kit to help state and local government officials gain a better understanding of how to ensure equal access to government programs and services for all of their citizens with a disability.”

The Tool Kit is a commonsense guide to achieving ADA compliance. Chapters 3 and 4 of the Tool Kit, released today, address the ADA requirement of ensuring effective communications for people with disabilities. “People who are deaf or hard of hearing, those who are blind or have low vision, and individuals with other types of disabilities are entitled to equal access to state and local government programs, services and activities,” added Assistant Attorney General Kim. “These new chapters of the Tool Kit contain practical guidance, including checklists and action steps, that state, county and city officials can use to identify and resolve ADA compliance issues in government agencies and programs across the country, including public hospitals, courts, law enforcement agencies, 9-1-1 emergency communication systems, and recreation programs.”

During the past six years, through its Project Civic Access initiative, the Civil Rights Division has worked cooperatively with city and county officials to improve access for more than 2 million people with disabilities. The Department has reached 152 agreements that improve access for people with disabilities to city and county office buildings, courts, polling places, emergency shelters, museums, parks, law enforcement and corrections facilities, and websites.



Supreme Court hears arguments in deadly force
Legal Career News | 2007/02/26 19:03
The US Supreme Court heard oral arguments Monday in Scott v. Harris, 05-1631, where the court must decide whether a police officer violated a fleeing suspect's constitutional rights by using deadly force when he bumped his police car into the suspect's car to end a high speed chase. Victor Harris was pursued by Coweta County, Georgia police when he refused to pull over while speeding. Video taken from the dashboard of the police car showed the ensuing collision, which resulted in Harris' paralysis and eventual suit against former sheriff's deputy Timothy Smith for violation of the Fourth Amendment. The US Eleventh Circuit Court of Appeals held that Scott's qualified immunity claim under the Fourth Amendment was an insufficient defense because he acted unreasonably. The accident video was not played in court, but at least half of the bench appeared to have seen the footage; Justices Breyer and Kennedy each implied the video evidenced that contrary to the appeals court holding Harris was driving erratically. The Court is expected to rule by July.


N.Y. home court in arena suit - judge
Legal Career News | 2007/02/24 09:26

A lawsuit against the controversial Atlantic Yards basketball arena should be bounced out of federal court, a judge ruled yesterday. The suit challenging the use of eminent domain to make way for Forest City Ratner's $4.2 billion development in Brooklyn should be heard in a state court, Magistrate Robert Levy decided.

"This action represents important public policy concerns and is essentially local in nature," Levy wrote. "The state's interest in adjudicating this case in its own forum outweighs the federal interest in retaining jurisdiction."

The plaintiffs' lawyers now have two weeks to file objections to keep the case in federal court. The case was brought by 13 property owners facing eviction.

"We're disappointed found a basis to recommend dismissal," said Candace Carponter, a member of the opposition group Develop Don't Destroy Brooklyn. The project calls for an arena for the NBA's Nets and 16 towers with residential and commercial space. Construction began Tuesday.

While opponents fear the project will create a traffic nightmare and ruin the neighborhood's character, supporters say the project will be a boon for Brooklyn and the city.



5th Family Justice Center Opens in South Bend, Ind.
Legal Career News | 2007/02/22 19:02

The Family Justice Center of St. Joseph County opened its doors today, the Justice Department and the City of South Bend announced. The center, located in South Bend, Ind., is the final center to be opened under President Bush’s Family Justice Center Initiative, and is located in one of 15 communities chosen under the President’s Initiative to prevent and respond to violence against women.

The President’s Family Justice Center Initiative, which was unveiled by President Bush in October 2003 and funded by the Justice Department, is an unprecedented pilot program designed to make a victim’s search for assistance more effective by bringing the necessary services together under one roof. The Justice Department’s Office on Violence Against Women (OVW) has guided this pilot program with the goal of using these centers as models for how communities should provide coordinated domestic violence services across the country.

“Offering coordinated and centralized services for domestic violence victims is how our communities can better respond to violence against women,” said Mary Beth Buchanan, Acting Director of the Office on Violence Against Women. “We hope that these centers will serve as models for other communities to duplicate across the country.”

The services in communities designed to help victims of domestic violence are often fragmented and uncoordinated. Centers like the Family Justice Center of St. Joseph County are designed to bring together various components, including victim advocates, law enforcement officers, prosecutors, probation officers, forensic medical professionals, civil legal attorneys, chaplains, and representatives from community-based organizations into one centralized location to better serve victims of abuse.

Through the President’s Intiative, the Family Justice Center of St. Joseph County received extensive technical assistance from the original family justice center based in San Diego, Cailf., to aid in the comprehensive development. Additional technical assistance was provided by centers in Indianapolis, Ind. and Hennepin County, Minn. Additionally, the National Network to End Domestic Violence provided the Family Justice Center of St. Joseph County with assistance in technology and victim safety.



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