Turkish court rejects request for Greek soldiers' release
Court Watch | 2018/03/03 02:46
A Turkish court on Monday rejected lawyers' requests for two Greek soldiers arrested in Turkey to be released from custody.

The two were arrested last week for allegedly entering a Turkish military zone and on suspicion of attempted espionage. Greece said the two soldiers - a lieutenant and a sergeant - accidentally strayed into Turkey due to bad weather during a patrol of the Greek-Turkish border.

The development has added further tensions to already strained ties between the NATO allies.

Lawyers for the two Greek soldiers filed a demand Monday for their release at the court in the northwestern Turkish city of Edirne. The court however, ruled that they must remain in custody on grounds that they did not have permanent residence in Turkey and because the court was still examining the "digital data" seized from them, the state-run Anadolu Agency reported.

Family members of the two soldiers were able to visit them in jail Monday.

Earlier in Athens, Greek Foreign Minister Nikos Kotzias renewed a demand for their swift release.

"Turkey must observe procedures prescribed by international law, and not turn a routine incident into a big political and legal issue," he said.

A river marks most of the Greek-Turkish border, while a fence runs along much of the land section. However, some parts aren't clearly marked.

Relations between neighbors Greece and Turkey have soured in recent weeks over longstanding disputes about boundaries in the Aegean Sea and natural gas drilling rights off the coast of war-divided Cyprus.

Last month, a Greek coast guard vessel was rammed by a Turkish patrol boat off disputed islets in the east Aegean, and Turkish warships prevented an exploratory gas rig from drilling near Cyprus.

Turkey meanwhile, is angered by court decisions in Greece rejecting the extradition of eight Turkish servicemen wanted by Ankara for their alleged involvement in a failed military coup in 2016. The eight deny any involvement in the failed coup, and Greek courts have ruled they would be at risk of not receiving a fair trial if returned to Turkey.

Turkish Deputy Prime Minister Bekir Bozdag rejected speculation that Ankara could use the Greek soldiers' arrest to secure the extradition of the eight Turkish soldiers.

"The arrest of the two soldiers in Turkey is not the subject of a swap," Bozdag said. "Neither the Greek government nor the Turkish government have made a request for a swap."


Court: Nike logo of Michael Jordan didn't violate copyright
Attorney News | 2018/03/01 22:57
A U.S. appeals court says an iconic Nike logo of a leaping Michael Jordan didn't violate the copyright of an earlier photograph of the basketball star.

The 9th U.S. Circuit Court of Appeals said Tuesday that the logo was based on a photograph of Jordan by Nike that was inspired by a 1984 photo by Jacobus Rentmeester.

They both show Jordan leaping with his legs extended outward toward a basketball hoop with a ball above his head. But the court says the photos are unmistakably different in key elements.

Nike used its photo for the "Jumpman" logo — a silhouetted image of Jordan in the pose that the company has used to market billions of dollars of merchandise.

An email to a law firm representing Rentmeester wasn't immediately returned.



Brazil court largely upholds law that some fear hurts Amazon
Legal Topics | 2018/03/01 22:57
Brazil's Supreme Court has batted down challenges to key parts of a law that environmentalists say has contributed to increasing deforestation in the Amazon rainforest.

The 2012 law included an amnesty for illegal deforestation that occurred before July 2008, including releasing perpetrators from the obligation to replant areas in compensation. It also weakened protections for some preservation areas by expanding the sorts of activity allowed in them. It was backed by farming interests.

Wednesday's court ruling rejected most of the challenges to the law.

Brazil's non-governmental Socio-environmental Institute says researchers believe the law contributed to rising rates of Amazon deforestation starting in 2012 after years of decreases. However, the rate fell in 2017 as compared to 2016, which saw an exceptionally large swath of forest cut.



High court: Held immigrants can't get periodic bond hearings
Legal Topics | 2018/03/01 06:57
The Supreme Court ruled Tuesday that immigrants the government has detained and is considering deporting aren't entitled by law to periodic bond hearings.

The case is a class-action lawsuit brought by immigrants who've spent long periods in custody. The group includes some people facing deportation because they've committed a crime and others who arrived at the border seeking asylum.

The San Francisco-based U.S. Court of Appeals for the 9th Circuit had ruled for the immigrants, saying that under immigration law they had a right to periodic bond hearings. The court said the immigrants generally should get bond hearings after six months in detention, and then every six months if they continue to be held.

But the Supreme Court reversed that decision Tuesday and sided with the Trump administration, which had argued against the ruling, a position also taken by the Obama administration.

Justice Samuel Alito wrote for five justices that immigration law doesn't require periodic bond hearings. But the justices sent the case back to the appeals court to consider whether the case should continue as a class action and the immigrants' arguments that the provisions of immigration law they are challenging are unconstitutional.

But Justice Stephen Breyer, writing a dissenting opinion joined by two other liberal-leaning justices on the court, Justice Sonia Sotomayor and Justice Ruth Bader Ginsburg, said he would have read the provisions of immigration law to require hearings for people detained for a prolonged period of time.

"The bail questions before us are technical but at heart they are simple," Breyer wrote. "We need only recall the words of the Declaration of Independence, in particular its insistence that all men and women have 'certain unalienable Rights,' and that among them is the right to 'Liberty,'" he wrote.

The American Civil Liberties Union, which brought the case on behalf of the immigrants, had previously said that about 34,000 immigrants are being detained on any given day in the United States, and 90 percent of immigrants' cases are resolved within six months. But some cases take much longer.

In the case before the justices, Mexican immigrant Alejandro Rodriguez was detained for more than three years without a bond hearing. He was fighting deportation after being convicted of misdemeanor drug possession and joyriding, and was ultimately released and allowed to stay in the United States.



Court: US anti-discrimination law covers sexual orientation
Court Watch | 2018/02/27 06:58
A New York federal appeals court says U.S. anti-discrimination law protects employees from being fired due to sexual orientation.

The 2nd U.S. Circuit Court of Appeals ruled Monday. The decision stemmed from a rare meeting of the full appeals court, which decided to go against its precedents.

Three judges dissented. The ruling pertained to a skydiver instructor who said he was fired after telling a client he was gay.

The case led to two government agencies offering opposing views. The Equal Employment Opportunity Commission said Title VII of the 1964 Civil Rights Act covers sexual orientation. The Department of Justice had argued that it did not.

Donald Zarda was fired in 2010 from a skydiving job in Central Islip (EYEl-slihp), New York. He has since died.


Organized labor case goes in front of Supreme Court
Areas of Focus | 2018/02/27 06:58
The Supreme Court is hearing arguments in a case that could deal a painful financial blow to organized labor.

All eyes will be on Justice Neil Gorsuch Monday when the court takes up a challenge to an Illinois law that allows unions representing government employees to collect fees from workers who choose not to join. The unions say the outcome could affect more than 5 million government workers in 24 states and the District of Columbia.

The court split 4-4 the last time it considered the issue in 2016. Gorsuch joined the court in April and has yet to weigh in on union fees. Organized labor is a big supporter of Democratic candidates and interests. Unions strongly opposed Gorsuch's nomination by President Donald Trump.

Illinois government employee Mark Janus says he has a constitutional right not to contribute anything to a union with which he disagrees. Janus and the conservative interests that back him contend that everything unions representing public employees do is political, including contract negotiations.

The Trump administration is supporting Janus in his effort to persuade the court to overturn its 1977 ruling allowing states to require fair share fees for government employees.

The unions argue that so-called fair share fees pay for collective bargaining and other work the union does on behalf of all employees, not just its members. People can't be compelled to contribute to unions' political activities.


Court leaves black judge on case against white officer
Court News | 2018/02/24 06:24
The Alabama Supreme Court is refusing to make a black judge quit the case of a white police officer charged with murder in the shooting death of a black man.

The justices without comment Friday turned down a request from officer Aaron Cody Smith of the Montgomery Police Department.

Smith is charged in the shooting death two years ago of 58-year-old Greg Gunn, who authorities say was walking in his neighborhood when Smith shot him.

Defense attorneys sought a new judge based on social media posts of Circuit Judge Greg Griffin, who wrote about being stopped by police because he is black.

Griffin refused to step aside and accused the defense of injecting race into the case. Smith's lawyers appealed.


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