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Japan court says requiring same surname in marriage is legal
Legal Business |
2015/12/18 17:29
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Japan's Supreme Court ruled Wednesday that requiring married couples to have the same surname is constitutional, dealing a blow to a longtime effort for gender equality in choosing names.
The law does not say which partner must give up his or her name in marriage. In practice it has almost always been the woman who took the husband's name. Some women say that is unfair and feel as though their identity is lost.
In traditional marriage, one person, usually the woman, enters the household of the partner and is registered as a member of that household. Men are seen as more powerful in Japanese traditional culture. But as women increasingly have careers, some argue that changing surnames is confusing.
Some Japanese women continue to use their maiden name professionally, even after their surnames are legally changed following marriage. Some couples simply don't register their marriages.
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Ex-Illinois guardsman pleads guilty in Islamic State plot
Court Watch |
2015/12/15 17:29
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A former Illinois National Guard soldier pleaded guilty Monday to charges alleging he conspired to provide material support to the Islamic State group.
Hasan Edmonds, 23, of Aurora, Illinois, pleaded guilty to one count of conspiring to provide material support to a foreign terrorist organization and one count of attempting to provide material support to a foreign terrorist organization.
The pleas in Chicago federal court came one week after his cousin, Jonas Edmonds, 30, of Aurora, pleaded guilty to similar charges.
"Hasan and Jonas Edmonds conspired to provide material support to ISIL," John P. Carlin, assistant attorney general for national security, said in a news release, using one of the alternative names for the Islamic State group. "They admitted planning to wage violence on behalf of ISIL in the Middle East and to conduct an attack on our soil."
Prosecutors say Hasan Edmonds devised a plan for Hasan Edmonds to travel to the Middle East and join Islamic State fighters overseas. After dropping his cousin off at Midway International Airport last March, Jonas Edmonds went to Hasan Edmonds' home and collected several National Guard uniforms that he planned to wear as a disguise during a planned attack at the Joliet armory, the plea agreement said.
Agents with the Chicago FBI's Joint Terrorism Task Force arrested Hasan Edmonds before he could board his flight and arrested Jonas Edmonds at his home a short time later.
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High court takes up challenges to drunken-driving test
Attorney News |
2015/12/13 17:24
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The Supreme Court will decide whether states can criminalize a driver's refusal to take an alcohol test even if police have not obtained a search warrant.
The justices on Friday agreed to hear three cases challenging laws in Minnesota and North Dakota that make it a crime for people arrested for drunken driving to refuse to take a test that can detect alcohol in blood, breath or urine.
At least a dozen states make it a crime to refuse to consent to warrantless alcohol testing. State supreme courts in Minnesota and North Dakota have ruled the laws don't violate constitutional rights.
The Supreme Court ruled in 2013 that police usually must try to obtain a search warrant before ordering blood tests for drunken-driving suspects. The high court said circumstances justifying an exception to the warrant requirement should be decided on a case-by-case basis.
In the case from Minnesota, police arrested William Bernard after his truck got stuck while trying to pull a boat out of a river in South Saint Paul. Police officers smelled alcohol on his breath and said his eyes were bloodshot. After Bernard refused to take a breath test, police took him into custody.
Bernard was charged with operating a motor vehicle under the influence of alcohol and a first-degree count of refusal to take a breath test, which carries a mandatory minimum sentence of three years in prison.
He argued that the refusal law violated his Fourth Amendment rights by criminalizing his refusal to submit to a search. A divided Minnesota Supreme Court upheld the law, finding that officers could have ordered a breath test without a warrant as a search incident to a valid arrest.
The North Dakota Supreme Court upheld similar challenges to its test refusal law, ruling that motorists are deemed to consent to alcohol testing. The court called the law a reasonable tool in discouraging drunk driving.
One of the two North Dakota cases the high court will hear involves Danny Birchfield, who was arrested after he drove his car into a ditch and failed a field sobriety test and a breath test. He declined to take to additional tests and was convicted under the state's refusal law, which counts as a misdemeanor for a first offense.
A second appeal from North Dakota comes from Steve Beylund, a driver who was stopped on suspicion of drunk driving and consented to a chemical alcohol test. Beylund later tried to suppress the evidence from that test, but lower courts declined.
In all three cases, the challengers argue that warrantless searches are justified only in "extraordinary circumstances." They say routine drunk driving investigations are among the most ordinary of law enforcement functions in which traditional privacy rights apply. |
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Mexico issues first permits for marijuana under court ruling
Court News |
2015/12/12 17:24
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The Mexican government on Friday granted the first permits allowing the cultivation and possession of marijuana for personal use.
The federal medical protection agency said the permits apply only to the four plaintiffs who won a favorable ruling from the Supreme Court last month. The court said growing and consuming marijuana is covered under the right of "free development of personality."
The permits issued Friday won't allow smoking marijuana in the presence of children or anyone who hasn't given consent. The permits also don't allow the sale or distribution of the drug. Ironically, the plaintiffs said that even with the permits in hand, they don't plan to smoke the marijuana permitted.
They said they filed the suit to make a point about prohibitionist policies being wrong, not to get their hands on legal weed. "The objective is to change the policy, not to promote consumption," said Juan Francisco Torres Landa, one of the four plaintiffs. "We are going to set the example; we are not going to consume it."
The court's ruling didn't mean a general legalization for Mexico. But if the court ruled the same way on five similar petitions, it would then establish the precedent to change the law and allow general recreational use.
The government medical protection agency, known as COFEPRIS, said it has received 155 applications to get such permits. But other applicants would have to go through the appeals process, something supporters say would probably take at least a year. |
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Supreme Court torn over Texas affirmative action program
Headline Legal News |
2015/12/10 17:27
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Torn as ever over race, the Supreme Court on Wednesday weighed whether it's time to end the use of race in college admissions nationwide or at least at the University of Texas.
With liberal and conservative justices starkly divided, the justice who almost certainly will dictate the outcome suggested that the court may need still more information to make a decision in a Texas case already on its second trip through the Supreme Court.
"We're just arguing the same case," Justice Anthony Kennedy said, recalling arguments first held in 2012 in the case of Abigail Fisher. "It's as if nothing has happened."
Kennedy said additional hearings may be needed to produce information that "we should know but we don't know" about how minority students are admitted and what classes they take to determine whether the use of race is necessary to increase diversity at the University of Texas.
Fisher has been out of college since 2012, but the justices' renewed interest in her case appeared to be a sign that the court's conservative majority is poised to cut back, or even end, affirmative action in higher education.
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Finland court jails Iraqi twins suspected of IS killing
Court Watch |
2015/12/10 17:25
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A Finnish court on Friday jailed 23-year-old twin brothers from Iraq for four months pending trial on suspicions they were Islamic State militants who fatally shot 11 unarmed soldiers in Iraq in June 2014.
Friday's custody hearing was held behind closed doors at the Pirkanmaa District Court in Tampere.
The two were arrested Tuesday at a refugee center in the town of Forssa, 120 kilometers (75 miles) northwest of capital of Helsinki. Finnish police say an IS video shows the men taking part in a massacre outside the Iraqi city of Tikrit.
The killing of the 11 Iraqi soldiers was part of atrocities committed by IS in the Camp Speicher military base outside Tikrit, where 1,700 Iraqi soldiers were captured and then killed by IS militants.
National Bureau of Investigation spokesman Jari Raty said the court case will start in April. If guilty, the brothers face up to life imprisonment, which in Finland means being released — although not automatically — after serving between 12 and 15 years.
It was not known what the men had pleaded because their defense lawyers were barred from commenting.
The men had arrived in Finland in September but it was unclear whether they were asylum-seekers — although Finnish media claimed they are. Some 17,000 Iraqis have sought asylum in Finland so far this year, by far the biggest national group to seek shelter in the country.
The tabloid Ilta-Sanomat quoted Omar Mohammed, an asylum-seeker from Baghdad at the Forssa refugee center, as saying the brothers had avoided talking to other refugees. |
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EU court dismisses Barcelona football trademark case
Opinions |
2015/12/09 17:28
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A European Union court has rejected an attempt by Spanish soccer giant Barcelona to have part of its club crest registered as a European trademark.
Known best for its passing game, Barcelona tried last year to have the outline of its badge registered for use on things like stationery, clothing and sports activities.
The attempt failed so the club went to court.
But the Luxembourg-based EU court dismissed the case on Thursday, saying that "none of the characteristics of the sign at issue contains any striking feature which is liable to attract the attention of consumers."
The court added: "In fact, the mark sought will rather tend to be perceived by consumers merely as a shape and will not enable them to distinguish the proprietor's goods or services."
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