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Immigrant teen seeking abortion asks court to reconsider
U.S. Legal News | 2017/10/24 01:21
Attorneys for a pregnant teen being held in a Texas immigration facility are asking a federal appeals court to reconsider its decision not to order the government to let her obtain an abortion.

Lawyers for the 17-year-old on Sunday asked the U.S. Court of Appeals for the District of Columbia to hold another hearing before all the judges on the court.

A three-judge panel ruled against the teen Friday, giving the government until Oct. 31 to find a sponsor to take in the teen so she could get an abortion on her own.

Her lawyers have accused federal officials of unlawfully restricting the teen's rights. But the U.S. Department of Health and Human Services says it has a policy of "refusing to facilitate" abortions for minors in its care.



Tennessee church shooting suspect due in court Monday
U.S. Legal News | 2017/10/23 01:22
The man accused of fatally shooting one person and wounding six others at a Tennessee church is slated for a court appearance.

A preliminary hearing for 25-year-old Emanuel Kidega Samson is scheduled for Monday morning in front of a Davidson County general sessions judge.

Samson is charged with murder in the Sept. 24 slaying of a woman at Burnette Chapel Church of Christ in Nashville. Additional charges are expected. He's being held without bond.

An arrest affidavit says Samson waived his rights and told police he arrived armed and fired at Burnette. Police haven't determined a motive.



Court weighing whether graffiti mecca was protected by law
U.S. Legal News | 2017/10/21 01:23
For two decades, Jerry Wolkoff let graffiti artists use his crumbling Queens warehouse complex as a canvas for their vibrant works. Artists gave the spot the name "5Pointz" — a place where all five New York City boroughs come together — but painters traveled from as far as Japan and Brazil to tag, bomb and burn at what became a graffiti mecca and a tourist destination.

But like most graffiti, it didn't last. Wolkoff whitewashed the building in 2013 then tore it down to build luxury apartment towers.

Four years later, some of the artists whose work was destroyed are in court, arguing that even though the building belonged to Wolkoff, the art was protected by federal law.

A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.

More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.

A trial that started Tuesday at a federal court in Brooklyn will determine whether the artists should be compensated for the lost work.

More than 20 artists sued Wolkoff under the Visual Artists Rights Act, or VARA, a 1990 federal statute that protects artists' rights even if someone else owns the physical artwork.

Barry Werbin, an attorney specializing in intellectual property, said the case is significant because no lawsuit under the statute has been tried by a jury before.


Court agrees to take on US-Microsoft dispute over emails
U.S. Legal News | 2017/10/14 01:24
The Supreme Court agreed Monday to take on a major dispute over the government's authority to force American technology companies to hand over emails and other digital information sought in criminal probes but stored outside the U.S.

The justices intervened in a case of a federal drug trafficking investigation that sought emails that Microsoft keeps on a server in Ireland. The federal appeals court in New York said that the emails are beyond the reach of a search warrant issued by an American judge.

The Trump administration and 33 states told the court that the decision is impeding investigations into terrorism, drug trafficking, fraud and child pornography because other courts are relying on the ruling in preventing U.S. and state authorities from obtaining information kept abroad.

The case is among several legal clashes that Redmond, Washington-based Microsoft and other technology companies have had with the government over questions of digital privacy and authorities' need for information to combat crime and extremism.

Privacy law experts say the companies have been more willing to push back against the government since the leak of classified information detailing America's surveillance programs.

The case also highlights the difficulty that judges face in trying to square decades-old laws with new technological developments. In urging the high court to stay out of the case, Microsoft said Congress needs to bring the law into the age of cloud computing.

In 2013, federal investigators obtained a warrant under a 1986 law for emails from an account they believe was being used in illegal drug transactions as well as identifying information about the user of the email account.



Court: Movie theaters must accommodate deaf-blind patrons
U.S. Legal News | 2017/10/05 23:51
Federal disability law requires movie theaters to provide specialized interpreters to patrons who are deaf and blind, an appeals court said Friday.

The Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled against Cinemark, the nation's third-largest movie chain, in a case involving a Pennsylvania man who wanted to see the 2014 movie "Gone Girl" and asked a Cinemark theater in Pittsburgh to supply a "tactile interpreter." The theater denied his request.

The plaintiff, Paul McGann, is a movie enthusiast who reads American Sign Language through touch. He uses a method of tactile interpretation that involves placing his hands over the hands of an interpreter who uses sign language to describe the movie's action, dialogue and even the audience response.

The federal appeals court concluded Friday that tactile interpreters are covered by the Americans with Disabilities Act, which requires that public accommodations furnish "auxiliary aids and services" to patrons with vision, hearing and speech disabilities.


Court sides with board to keep fracking ban issue off ballot
U.S. Legal News | 2017/10/04 23:51
The Ohio Supreme Court has upheld a county elections board’s decision to reject another ballot measure that would have allowed Youngstown voters to ban the natural gas drilling technique called hydraulic fracturing in their city.
   
The Supreme Court agreed with the elections board in a 4-3 decision issued Friday.
   
Youngstown voters have previously voted down a proposed ban on fracking and fracking-related activities six times.
   
The Mahoning County Board of Elections last month rejected an attempt by fracking opponents to get a proposed charter amendment on the ballot this fall.
   
The Vindicator has reported that the board cited a new state law that says elections boards must invalidate initiative petitions if they seek to change laws that fall outside a local government’s authority to enact them.



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