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Calif. high court asked to hear gay marriage cases
Legal Topics |
2008/11/17 23:07
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The state attorney general and sponsors of the ballot initiative that banned same-sex marriage in California urged its Supreme Court to hear a series of lawsuits seeking to overturn the ban, saying the matter is too urgent to be unsettled. "The petitions raise issues of statewide importance, implicating not only California's marriage laws but also the initiative process and the Constitution itself," Attorney General Jerry Brown argued in his filing. "This court can provide certainty and finality in this matter," he said. Proposition 8, which passed with 52 percent of the vote earlier this month, overturned the high court's May decision legalizing gay marriage in California. The measure inserts language into the constitution limiting marriage to one man and one woman. Gay and civil rights groups, the city of San Francisco and other plaintiffs have asked the court to void the measure on the grounds that voters did not have the authority to make, what they say, is a fundamental constitutional change. |
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US appeals court hears arguments in ND hemp case
Legal Topics |
2008/11/13 23:09
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An attorney for two North Dakota farmers argued they should be able to grow industrial hemp under state regulations without fear of federal criminal prosecution. Attorney Joe Sandler told a panel of the 8th U.S. Circuit Court of Appeals on Wednesday that his clients' lawsuit against the federal Drug Enforcement Administration should move forward so that the farmers might have a chance to use their state permits to grow hemp for seeds and oil. The lawsuit was dismissed in U.S. District Court. At the heart of the dispute is whether the farmers — state Rep. David Monson and Wayne Hauge — can cultivate hemp under North Dakota laws without violating the federal Controlled Substances Act. Hemp is related to the illegal drug marijuana, and under the federal law, parts of an industrial hemp plant are considered controlled substances. Sandler argued that while hemp plants might fall under the federal law, the law doesn't apply because the parts of the plant that could be considered a drug would never leave the farms. He also underlined the differences between marijuana and the crop the farmers want to grow, saying the judge who dismissed the case incorrectly treated marijuana and hemp as the same thing. Industrial hemp is legally grown in several countries, including Canada, and the U.S. imports many products made from hemp seed, oil and fiber. The plant has much lower concentrations of the psychoactive chemical THC found in marijuana plants. Melissa Patterson, a Justice Department attorney, told the appeals panel that Congress does have the power to regulate the crop in this case and that Congress has determined through the Controlled Substances Act that the plants, whether used for drugs or not, should be restricted. |
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Payday lending law violated constitution
Legal Topics |
2008/11/06 22:09
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A 1999 state law allowing so-called payday lenders to charge high fees for short-term loans violates the state constitution, the Arkansas Supreme Court ruled Thursday. In a 6-0 decision, the court said the fees permitted under the 1999 Check Cashers Act were really triple-digit interest rates. The state constitution limits interest rates on loans to 17 percent. "Because that fee is in reality an amount owed to the lender in return for the use of borrowed money, we must conclude that the fees authorized clearly constitute interest," Justice Paul Danielson wrote. Through a payday loan in Arkansas, a customer writing a check for $400, for example, typically would receive $350. The lender would keep the check for about two weeks before cashing it. The customer could buy back the check for $350 during that two-week period, but otherwise would pay the full $400 when the company cashed his check. The $50 charge on a $350 loan for 14 days equates to 371 percent, well above Arkansas' usury limit. Attorney Todd Turner, who represented the plaintiffs who challenged the Check Cashers Act, said the ruling means it will be impossible for payday lenders to operate in the state. "It's great for all the Arkansas residents who have been paying 600 percent for these loans," Turner said. Tom Hardin, attorney for the Arkansas Financial Services Association that sought to preserve the law, did not immediately return a call seeking comment. Even before Thursday's ruling, the number of payday lenders in the state has dwindled in response to threats of lawsuits from Attorney General Dustin McDaniel. An advocacy group said in a report last month that the number of payday lenders operating in the state has dropped from 237 in March to just 33. In its 6-0 decision, the court overturned a Pulaski County judge who last year ruled that the 1999 act was constitutional. |
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Hall & Oates sue in NY over `Maneater' recording
Legal Topics |
2008/11/05 22:10
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Daryl Hall and John Oates have filed a lawsuit saying their music publisher failed to protect their rights to their 1982 hit "Maneater." The pop duo's lawsuit says they learned in April 2007 that an unidentified singer-songwriter had used "Maneater" in a 2006 recording. The papers, filed in Manhattan's state Supreme Court, claim Warner/Chappell Music Inc. breached its publishing contract with Hall and Oates by refusing "in bad faith" to sue for copyright infringement. The singers seek unspecified money damages and want to terminate their agreement with Warner/Chappell. A Warner/Chappell spokesman did not immediately return a call for comment on Thursday. Hall and Oates' hits, which came mostly in the 1970s and '80s, also include "Rich Girl," "Private Eyes" and "I Can't Go for That (No Can Do)." |
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Court to decide on convict's right to test DNA
Legal Topics |
2008/11/03 22:09
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The Supreme Court will decide whether, years after his conviction, a defendant has a constitutional right to test genetic evidence found at the crime scene. The justices, in an order Monday, accepted the appeal of prosecutors in Alaska. They asked the court to overturn a federal appeals court ruling in favor of William Osborne, who was convicted of rape, kidnapping and assault in an attack on a prostitute in 1993. The woman was raped at gunpoint, beaten with an ax handle, shot in the head and left for dead in a snow bank near the Anchorage International Airport. Osborne admitted his guilt under oath to the parole board in 2004. Another man also convicted in the attack has repeatedly identified Osborne as having participated in the crimes. The testing would be done on a condom and hairs found by investigators. The 9th U.S. Circuit Court of Appeals, based in San Francisco, said Osborne has a right to subject the evidence to advanced DNA testing that was not available at the time of his trial. Forty-four states and the federal government have laws that give convicts access to DNA testing, but Alaska does not. Osborne urged the court to reject the appeal, saying that because so many states have laws on the topic, it rarely arises in federal court. Prosecutors argued that even if testing determines that the hairs and sperm are not Osborne's, other evidence introduced at his trial is sufficient to leave his conviction in place. That matter is not before the high court. |
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Navy Refuses to Release McCain Car Crash Records
Legal Topics |
2008/10/20 16:39
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Journalists say the U.S. Navy refuses to release documents about a 1964auto accident in which then-Lt. John McCain was involved, and injured,along with another man, outside the main gate of the Norfolk Navy Base.The Navy allegedly located the documents but refused to release them tothe National Security News Service, because "the Navy contended thatthe records could only have historical value and could not become abreaking news story."
The news service says it is working ona story about McCain for Vanity Fair magazine, "including anexamination of his conduct in Norfolk and Portsmouth in the 1960s.Despite Senator McCain's prior 23 years of service as a Naval officer,the Navy has only released general summaries of his military career,"the federal FOIA complaint states.
It continues: "Plaintiffsand Vanity Fair have developed from first-hand sources informationindicating that Lt. McCain was involved in an automobile accident onHampton Boulevard outside the main gate of the Naval Base at Norfolk,VA in July 1964. Plaintiffs' investigation has disclosed thatresponding civilian law enforcement officers recall the accident, thatanother person was injured, and that a Naval officer dispatched amessenger to take a change of clothing to Lt. McCain at PortsmouthNaval Hospital. Plaintiffs have also obtained documents showing thatlaw enforcement officers were ordered back to the accident scene toretrieve personal physical effects. The Navy has never publiclyacknowledged this information.
"The fact of assignment toPortsmouth Naval Hospital, as to any Navy hospital, is a public recordnot protected by FOIA law or regulations." Nonetheless, plaintiffs say,the Navy refuses to release the documents, which it has located, on theabsurd claim that they "could only have historical value and could notbecome a breaking news story."
The news service and itsreporter Christopher Law want to see "releasable Navy records listingassignments of Navy personnel to Portsmouth Naval Hospital in 1964."
They are represented by Mark Nagle with Troutman Sanders. |
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Court Stays Guantanamo Prisoner Release
Legal Topics |
2008/10/09 16:27
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The Court of Appeals for the D.C. Circuit on Wednesday stayed a federaljudge's order that the Bush administration free 17 prisoners fromGuantanamo. U.S. District Judge Ricardo Urbina ordered the governmentto bring the prisoners to his court Friday, saying the administrationhad not proved they had broken any laws or were "unlawful enemycombatants." The three-judge appeals panel gave the Justice Departmentand the Uighurs' attorneys until Oct. 16 to submit briefs.
TheUighurs, Muslims who lived in China, face torture if deported there,Urbina said, so they must be released in the United States. Theirsupporters say a Pakistani tribe sold the men to the U.S. military forthe U.S.-offered bounty of $5,000 apiece.
Urbina's order on Tuesday set the Bush administration into a tizzy. |
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