Court: Ark. can't stop desegregation funds
Headline Legal News | 2011/12/27 18:30
A federal appeals court ruled Wednesday that Arkansas can't cut off funding for desegregation programs in Little Rock-area school districts without a separate hearing and judge's order.

The ruling from the 8th U.S. Circuit Court of Appeals comes months after U.S. District Judge Brian Miller ordered an end to most of the payments, calling them counterproductive. The appeals court heard the case in September.

The state has been spending about $38 million per year to help finance magnet schools that help keep a racial balance in the Little Rock, North Little Rock and Pulaski County school districts, according to Wednesday's ruling, which keeps the money flowing until the matter is resolved in a separate court proceeding.

The state is required by a 1989 settlement to fund magnet schools, transfers between districts and other programs to support desegregation. Lawmakers have long wanted to end the payments, but the districts say they're still necessary.

Battles over school desegregation in Little Rock date back to 1957, when nine black children needed the protection of federal troops to integrate Central High School. Little Rock sued the state and its two neighboring districts in 1982. Two years later, a judge agreed that the districts hadn't done enough to help the city schools desegregate.


Supreme Court says Manchester property tax data private
Headline Legal News | 2011/12/27 00:14
The Vermont Supreme Court says information used by towns to calculate adjustments to residents' property taxes should remain private.

In an entry order published Friday, the court reversed a Bennington County Superior Court ruling that said the town of Manchester should provide the tax information to someone who requested it.

The issue involves the amount Vermont property tax payers may have deducted from their bills based on their income, school property tax burden and if they to use a portion of their tax refund to reduce property taxes.

The state Department of Taxes calculates that amount and sends it to towns to reduce a property owner's taxes.

The Supreme Court says the law governing the deductions is covered by the state's privacy laws. Property tax bills are, however, public.

The court decision is posted on the town website, http://www.manchester-vt.gov/


Suspect in immigration agent killing held in US
Headline Legal News | 2011/12/21 18:43
An alleged Mexican drug cartel member was arraigned in U.S. federal court Wednesday on murder charges from the roadside ambush of two U.S. immigration agents working south of the border.

A spokesman for the U.S. District Court in Washington says Julian Zapata Espinoza entered a not guilty plea and is being held in jail.

The charges included murder and attempted murder for the Feb. 15 mid-day attack along a four-lane highway that killed U.S. Immigration and Customs Enforcement agent Jaime Zapata

and wounded colleague Victor Avila as they were driving to Mexico City after a meeting with other U.S. personnel. The shooting in the northern state of San Luis Potosi was a rare attack on American officials in the country fighting violent drug cartels.

Zapata Espinoza is known by the nickname "El Piolin," or Tweety Bird, apparently because of his short stature. He was captured along with five other suspected members of the Zeta cartel during an army raid a week after the shooting and recently was extradited to the United States.

The Mexican army said Zapata Espinoza admitted killing Zapata in what he claimed was a case of mistaken identity, with the Zetas mistaking the ICE agents' Chevrolet Suburban for one used by a rival gang.


Gingrich assails judges as he courts conservatives
Headline Legal News | 2011/12/20 18:20
As he works to rev up his conservative base in Iowa with just two weeks to go until the state's caucuses, Newt Gingrich is launching a full-throated assault on a reliable GOP target: judges.

There is little love for the judicial branch among the Republicans seeking the White House. But Gingrich's ridicule has been, by far, the sharpest and the loudest. And it's taken a central role as his campaign struggles to stay atop polls in Iowa, a state where irate social conservatives ousted three judges who legalized same-sex marriage.

"I commend the people of Iowa for sending a strong signal that when judges overreach that they can find a new job," Gingrich told about 200 supporters who turned out to hear him speak in Davenport, Iowa, on Monday.

Gingrich has suggested that judges who issue what he termed "radical" rulings out of step with mainstream American values should be subpoenaed before Congress to explain themselves before facing possible impeachment. As president, he said, he'd consider dispatching U.S. marshals to round up judges who refuse to show voluntarily. In extreme cases, whole courts could be eliminated.

In the final debate before voters weigh in at the Jan. 3 Iowa caucuses, Gingrich called the courts "grotesquely dictatorial." He cast the fight in stark religious terms reminiscent of the culture wars, in which a secular, legal elite was encroaching on religious liberties.

The targets of Gingrich's strongest derision: the West Coast's 9th U.S. Circuit Court of Appeals, a perennial punching bag for the right, and a federal judge in Texas who banned prayer in a public school.


Court hearing set in White House shooting case
Headline Legal News | 2011/12/16 17:31
A man accused of firing shots at the White House in an alleged assassination attempt of President Barack Obama is due in court.

A hearing in federal court in Washington on Friday will focus on the mental health of Oscar Ramiro Ortega-Hernandez, who's accused of using an assault rifle to shoot at the White House last month. The president was out of town at the time.

Acquaintances have said Ortega was acting strangely in recent months, and law enforcement officials have said he had become obsessed with Obama.

A preliminary psychiatric screening found him competent to stand trial, but federal prosecutors are asking for more extensive tests to make certain that they can proceed with the case.


Next ICC prosecutor warns against sex crimes
Headline Legal News | 2011/12/14 20:59
The next chief prosecutor of the International Criminal Court pledged Tuesday to strengthen efforts to bring to justice the perpetrators of sexual and gender crimes.

A day after her election by the 119 countries that support the tribunal, Gambian lawyer Fatou Bensouda said too often gender crimes go unreported and unpunished and the victims are trivialized, denigrated, threatened and silenced, which enables the abuses to continue unimpeded.

In its first cases, she said, the ICC has sent the message that this is no longer acceptable and must stop.

The International Criminal Court, which began operating in 2002, is the world's first permanent war crimes tribunal. It is a court of last resort, stepping in only when countries are unwilling or unable to prosecute alleged war crimes, crimes against humanity and genocide.

At the moment, the ICC is dealing with cases from Congo, the Central African Republic, Uganda involving the Lord's Resistance Army, the Darfur conflict in Sudan, the recent Libyan uprising, and post-election violence in Kenya and Ivory Coast.

At present, crimes such as rape, sexual slavery, and forced prostitution and pregnancy are alleged in some cases before the court in all of these situations except Libya, where an investigation of alleged gender-based crimes is still under way.


High court to review tough Arizona immigration law
Headline Legal News | 2011/12/13 18:41
The Supreme Court stepped into the fight Monday over a tough Arizona law that requires local police to help enforce federal immigration laws — pushing the court deeper into hot, partisan issues of the 2012 election campaign.

The court's election-year docket now contains three politically charged disputes, including President Barack Obama's health care overhaul and Texas redistricting.

The debate over immigration already is shaping presidential politics, and now the court is undertaking a review of an Arizona law that has spawned a host of copycat state laws targeting illegal immigrants.

The court will review a federal appeals court ruling that blocked several provisions in the Arizona law. One of those requires that police, while enforcing other laws, question a person's immigration status if officers suspect he is in the country illegally.

The case is the court's biggest foray into immigration law in decades, said Temple University law professor Peter Spiro, an expert in that area.


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