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Federal court issues new political maps for Texas
Headline Legal News |
2011/11/18 16:59
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A federal court on Thursday issued temporary political maps for the 2012 election in Texas that some say will give Democrats a greater chance of winning seats in the Legislature.
The maps, which still must be given final court approval, will remain in place for state House and Senate districts until there is a resolution to lawsuits filed over the Legislature's proposals — likely through the 2012 elections. The court is expected to also release a proposal for new congressional districts.
Republicans have acknowledged they are not likely to hold on to the 101-49 supermajority they have in the Texas House. Still Democrats argue that the GOP map drawers went too far in trying to preserve their power.
Texas Attorney General Greg Abbott's office, which is representing the state, was reviewing the maps and "working to prepare a response as directed by the court," spokeswoman Lauren Bean said.
Democrats and minorities have complained that the maps drawn by the Republican-controlled Legislature prevent minority groups from electing their choice of candidate. |
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Missouri Supreme Court upholds strip club restrictions
Headline Legal News |
2011/11/17 17:40
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The Missouri Supreme Court has upheld a 2010 state law imposing restrictions on strip clubs and other sexually oriented businesses.
In a unanimous decision Tuesday, the court rejected claims from the adult entertainment industry that the law infringed on free expression rights and was passed in violation of legislative procedures.
The court said there was enough evidence to support the Legislature's belief that the restrictions served a government interest in minimizing negative effects from sexually oriented businesses.
The law requires sexually themed businesses to close by midnight. It also bans full nudity, alcohol, minors and touching between semi-nude employees and customers.
The Supreme Court's ruling affirms a prior decision by a Cole County judge. |
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Company pleads guilty to dumping wastewater in Harvey Canal
Headline Legal News |
2011/11/14 19:13
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A Louisiana company has pleaded guilty to a charge it illegally discharged more than 1 million gallons of oily wastewater into the Harvey Canal.
Oakmont Environmental Inc. of Harvey faces a $500,000 fine following its guilty plea Wednesday to violating the Clean Water Act.
Clifton Carr, a 62-year-old Amite resident who was the operator of the company's waste treatment facility, also pleaded guilty Wednesday to a related charge.
Federal prosecutors say Oakmont had a permit to discharge wastewater into a Jefferson Parish sewerage treatment plant after it had been pretreated.
But the company allegedly discharged the wastewater directly into the canal without separating the oil from the water.
Prosecutors said 1.2 million gallons of oily wastewater was discharged into the canal between September 2007 and March 2008. |
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Calif high court hears debate over worker breaks
Headline Legal News |
2011/11/09 16:57
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The California Supreme Court heard oral arguments Tuesday in a high-interest case contending restaurant managers must order meal and rest breaks for tens of thousands of workers rather than leave compliance to their discretion.
The case was initially filed eight years ago against Brinker International, the parent company of Chili's and other eateries, by chain restaurant workers complaining of missed breaks in violation of California labor law.
The case has generated immense interest among labor-law lawyers and a variety of industries grappling with defining responsibilities for meal and rest periods.
Lawyers for the workers argue that not ordering the breaks is a passive way to take advantage of workers who don't want to leave colleagues at busy times.
Brinker's attorney countered that requiring businesses to control the breaks of workers is unmanageable and that taking such breaks should be left to the discretion of employees.
The court's decision is due in 90 days, with the resolution possibly worth millions of dollars to lawyers and companies enmeshed in class-action lawsuits hinging on the issue. |
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NY investment firm among owners of Maine casino
Headline Legal News |
2011/11/07 20:14
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The former owners of the New Hampshire International Speedway and the Oxford Plains Speedway are the largest shareholders in a casino under construction in western Maine, and a New York investment firm also holds a large stake, according to the casino's business application.
Gary Bahre and his father, Robert Bahre, own 30 percent of the casino between them, according to Black Bear Realty Co.'s application, released Friday by the Maine Gambling Control Board. The Associated Press requested the application through Maine's Freedom of Access law.
A company called Maine Funding LLC is listed as owning 25 percent of the facility. Maine Funding is owned by Och-Ziff Real Estate Advisors, a New York firm that has been in involved in many gambling investments over the years, according to the application.
"Och-Ziff Real Estate has underwritten gambling-related investment opportunities across numerous jurisdictions (both state and local) ranging from major-market destination casinos to small slot route operations, working closely with property-level operators and developers to assess markets, operations and capital budgets," the application says.
Maine voters last fall approved a referendum proposing a destination resort casino in Oxford. The facility is now under construction and expected to open late next spring. |
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Court to look at life in prison for juveniles
Headline Legal News |
2011/11/07 20:13
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The Supreme Court on Monday agreed to decide whether juveniles convicted of killing someone may be locked up for life with no chance of parole, a follow-up to last year's ruling barring such sentences for teenagers whose crimes do not include killing.
The justices will examine a pair of cases from the South involving young killers who are serving life sentences for crimes they committed when they were 14.
Both cases were brought by the Equal Justice Initiative in Montgomery, Ala. The institute said that life without parole for children so young "is cruel and unusual" and violates the Constitution.
The group says roughly six dozen people in 18 states are under life sentences and ineligible for parole for crimes they committed at 13 or 14.
Kuntrell Jackson was sentenced to life in prison in Arkansas after the shooting death of a store clerk during an attempted robbery in 1999. Another boy shot the clerk, but because Jackson was present he was convicted of capital murder and aggravated robbery.
Evan Miller was convicted of capital murder during the course of arson. A neighbor, while doing drugs and drinking with Miller and a 16-year-old boy, attacked Miller. Intoxicated, Miller and his friend beat the man and set fire to his home, killing the 52-year-old man. Miller's friend testified against him, and got life in prison with the possibility of parole. |
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Appeals panel sides with CBS over Super Bowl fine
Headline Legal News |
2011/11/03 16:13
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In the latest court battle over the steamy 2004 Super Bowl halftime show, a federal appeals court ruled Wednesday that CBS should not be fined $550,000 for Janet Jackson's infamous "wardrobe malfunction."
The 3rd Circuit Court of Appeals held its ground even after the U.S. Supreme Court ordered a review in light of the high court's ruling in a related Fox television case. In that case, it said the Federal Communications Commission could threaten fines over the use of even a single curse word uttered on live TV.
But Circuit Judge Marjorie Rendell said the Fox case only "fortifies our opinion" that the FCC was wrong to fine CBS over the halftime show.
The three-judge panel reviewed three decades of FCC rulings and concluded the agency was changing its policy, without warning, by fining CBS for fleeting nudity.
"An agency may not apply a policy to penalize conduct that occurred before the policy was announced," Rendell wrote.
CBS argues that the FCC had previously applied the same decency standards to words and images — and excused fleeting instances of both.
Rendell said that long-standing policy appeared to change without notice in March 2004 — a month after the act at the Super Bowl, held in Houston. |
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