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Wisconsin union law published despite court order
Lawyer Blog News | 2011/03/28 16:02

Wisconsin Republicans insist that the anti-union law that sparked weeks of protests at the state Capitol and that is being challenged in court takes effect Saturday because a state office decided to post it online. The head of the office that posted it and a court order temporarily blocking the law's implementation suggest otherwise.

The saga surrounding Gov. Scott Walker's push to strip most public employees of nearly all of their collective bargaining rights took another unexpected, and confusing, turn Friday when the Legislative Reference Bureau posted the law online, despite a court order blocking its publication while challenges to the law are considered.

That order specifically bars Secretary of State Doug La Follette from publishing the law, which is the last step before a law takes effect. This is typically done by the Reference Bureau within 10 working days after it's signed by the governor, on a date set by the secretary of state. Walker signed the collective bargaining measure March 11 and La Follette initially designated Friday as the date of publication. But after the restraining order was issued, La Follette notified the Reference Bureau that he was rescinding that publication date.

La Follette said Friday that he didn't know what the law's online publication meant, and that he's not taking any action because of the court order.

Ultimately, the state Supreme Court will likely decide the law's fate. A state appeals court earlier in the week asked the Supreme Court to take up one of several lawsuits challenging its approval.



Lawyers: Loughner sent to Missouri for mental exam
Lawyer Blog News | 2011/03/25 15:56

The suspect in the January shooting rampage in Tucson has been transferred to a specialized facility in Missouri to undergo a court-ordered mental evaluation.

Lawyers for 22-year-old Jared Lee Loughner say in a court filing that he was taken from Tucson to a federal Bureau of Prisons medical facility in Springfield, Mo., on Wednesday.

The lawyers want an appeals court to order him returned.

Loughner will be given tests to determine if he understands the nature and consequences of the charges he faces and can assist in his defense.

Loughner has pleaded not guilty to charges stemming from the Jan. 8 attack that killed six and wounded 13, including Rep. Gabrielle Giffords. She remains at a rehabilitation center in Houston as she recovers from a bullet wound to the brain.



Mich. Supreme Court to hear septic case from Thumb
Lawyer Blog News | 2011/03/24 12:23

The Michigan Supreme Court says it will decide if judges can order a sewer system when septic tanks fail and spoil a lake.

The court says Thursday it will take an appeal in a case involving Worth Township along Lake Huron in Michigan's Thumb region. State regulators want the township to install a sewer system, but an appeals court said local government isn't responsible for the problems of private property owners.

Some septic systems are failing on a five-mile stretch between M-25 and Lake Huron in Sanilac County. Waste is being discharged into Lake Huron and its tributaries.

Worth Township says it can't build a sewer system without financial help from the state.



High court unlikely to grant right to lawyer
Lawyer Blog News | 2011/03/23 15:28

The Supreme Court appears unlikely to rule that delinquent parents must be given a lawyer before judges can jail them for not paying child support.

Several justices said Wednesday they were troubled by the case of a South Carolina father who was repeatedly jailed even though he insisted he could not afford payments of $50 a week. But the court sounded reluctant about extending the right to a taxpayer-provided lawyer that exists in criminal cases to civil proceedings where a person faces jail time.

Justice Elena Kagan was among those who wondered whether there are procedures short of a court-appointed lawyer that would give a "person in this situation a fair shake at this."



Federal court: Stolen Valor Act unconstitutional
Lawyer Blog News | 2011/03/22 12:57

A federal appeals court on Monday upheld an earlier ruling by three of its members that a law making it illegal to lie about being a military hero violates free speech.
The 9th U.S. Circuit Court of Appeals decision strikes down the so-called Stolen Valor Act passed by Congress in 2006.

It also vacates a judgment and fines leveled against Xavier Alvarez, of Pomona, Calif., a water district board member who said at a public meeting in 2007 that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration. Alvarez had never served in Marines or in any other branch of the armed forces, according to the court ruling.

Alvarez was indicted in 2007. He pleaded guilty on condition that he would be allowed to appeal on First Amendment grounds. He was sentenced under the Stolen Valor Act to more than 400 hours of community service at a veterans hospital and fined $5,000.

Making lies of that sort would implicate "the JDater who falsely claims he's Jewish or the dentist who assures you it won't hurt a bit," Chief Judge Alex Kozinski wrote. "Phrases such as 'I'm working late tonight, hunny,' 'I got stuck in traffic' and 'I didn't inhale' could all be made into crimes," Kozinski wrote in denying a full-court re-hearing of the case.



Court Won't Get Involved in Eminem Royalty Suit
Lawyer Blog News | 2011/03/21 10:50

The Supreme Court won't get involved in a fight between Eminem's former production company and Universal Music Group over downloads of the rapper's songs and ringtones.

The high court on Monday refused to hear an appeal from Universal Music Group.

The 9th U.S. Circuit Court of Appeals said F.B.T. Productions LLC's contract entitled Eminem and his producers to a 50-50 split with Universal for recordings licensed to digital distributors such as Apple Inc.'s iTunes.

The record label had paid F.B.T. and Eminem 12 percent of sales, the agreed-upon rate for physical albums.

F.B.T. discovered Eminem in 1995 before he signed in 1998 with Dr. Dre's Aftermath Records. Universal's Interscope Records distributes Aftermath recordings.



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